Lincoln Financial Media Company Copyright Policy
This is the official copyright policy (“Copyright Policy”) for various websites (“Sites”) owned and operated by Lincoln Financial Media Company (“LFMC”, “we”, “us”, or “our”), and our various radio stations (“Stations”) across the country. This Copyright Policy sets forth the procedures that are required for you (any user of this Site) to notify LFMC of an alleged copyright infringement of any content on an individual Site and the procedures undertaken by LFMC to respond to such notices. This Copyright Policy is a part of each Site’s Terms of Use Agreement (“Terms of Use”). Any capitalized terms that are not defined in this Copyright Policy shall have the meaning given in LFMC’s or Station’s Terms of Use. Both the Terms of Use and this Copyright Policy are legally binding on all users.
You acknowledge that all LFMC Content available on this Site (excluding user generated content (“UGC”)) is owned by or licensed to LFMC, our Stations, licensors, Advertisers, and/or Operational Service Providers and are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. Except where otherwise noted, you may download, print or view individual webpages for noncommercial use, provided you do not delete or change any of the LFMC Content, including copyright or trademark notices. You may only use the Site or its LFMC Content as expressly permitted in this Copyright Policy and our Terms of Use and for no other purpose. LFMC, our Stations, licensors, Advertisers, and/or Operational Service Providers retain exclusive ownership of all LFMC Content and other information regarding your use of the Site. See our Terms of Use for more information.
How to Provide Notification for Claims of Copyright Infringement/DMCA Policy
If you have a good faith reasonable belief that any content on this Site is infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the Digital Millennium Copyright Act to LFMC’s Designated Agent (see below for contact information). Upon receipt of your written communication that substantially meets the following requirements; we will expeditiously remove content or block access to content subject to your claim of copyright infringement.
1. If you are not the owner of the content alleged to be infringed but are authorized to act on behalf of the owner, provide your physical or electronic signature and a statement that you have such authority;
2. Identification of the copyrighted work that you claim to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. A description of the allegedly infringing material on our Site and information sufficient to permit LFMC’s Designated Agent to locate and remove and/or disable the content;
4. Information reasonably sufficient to permit LFMC’s Designated Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement by you that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
6. A statement by you that the information in the notification is accurate, under penalty of perjury, and that you have the authority to enforce the copyrights that are claimed to be infringed.
You may contact our Designated Agent for Notification of Claimed Copyright:
NAME: Tom Jackson
ADDRESS: DMCA Designated Agent
3350 Peachtree Rd, NE
Suite 1800
Atlanta, GA 30326
EMAIL: LincolnDMCAagent@lincolnfinancialmedia.com
PHONE: 404-261-2970
The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for this Service. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.
LFMC will remove or disable access to any posted content for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If we have an accurate postal mail or email address, we will also send a notification to the user who posted the content, informing the user that the content was removed or access to it was blocked because of claimed copyright infringement.
We will terminate the privileges, membership and/or account of any user who repeatedly uses the Site to unlawfully transmit or post copyrighted content without a license, express consent, valid defense or fair use exemption to do so. Please see the “LFMC Repeat Infringer Policy” below.
LFMC Repeat Infringer Policy
We will terminate the privileges, account and/or membership of repeat infringers. A repeat infringer is any user who has made two or more Postings (over a twelve (12) month period) for which we receive a notice of infringement under this Copyright Policy, or continues to post content that we reasonably believe is infringing on the copyrights of another person or LFMC’s Content. Each user agrees that if his or her account or membership is terminated pursuant to this Copyright Policy, the user will not attempt to establish a new account or membership under any name, real or assumed, and the user further agrees that by opening a new account for membership after being terminated pursuant to this Copyright Policy, you will have violated the Copyright Policy and Terms of Use and you shall indemnify and hold us harmless for any and all liability that we may incur.
How to Appeal the Removal of Content with a Counter Notice If You Believe the Content Was Not Infringing
If you are a user who posted content that was removed in response to a notice of infringement and you believe that such content was removed due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the content by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement (see above for the contact information). This counter notice must include substantially the following information:
1. A physical or electronic signature of the owner or licensee of the removed or disabled content on our Site;
2. Identification of the content that has been removed or to which access has been disabled and the location on our Site at which the content appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the owner or licensee has a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled.
4. The owner’s or licensee’s name, postal address, email address (if applicable), and telephone number, and a statement that the owner or licensee consents to the jurisdiction of the Federal District Court for the judicial district in which our Designated Agent’s address is located or the selected jurisdictional venue in our Terms of Use (our Designated Agent has sole discretion of the venue), or if the owner’s or licensee’s address is outside of the United States, for any judicial district in which LFMC may be found, and that the owner or licensee will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counter notice that complies with these requirements, we reserve the right, but not the obligation, to restore the content that was removed or to allow access to the content. As stated in our Terms of Use (which is binding on all users) we can at our discretion remove any content for any purpose at any time. If we receive a counter notice from the user that posted the content subject to a claim of copyright infringement, we will forward a copy of the counter notice to the person who sent the notice of infringement and inform him/her that the removed content may be restored or we may allow access to the material in ten (10) business days. If during those ten (10) business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the user from infringing activity relating to the content on our Site, we will not restore or allow access to the content. Otherwise, we may restore the content and allow access at our discretion. However, as a user, you acknowledge, understand and agree that we retain the right to modify, remove, block access to, or not restore content at any time for any reason without any liability to the posting user and that we shall not be liable to the user under any circumstances for declining to restore or replace user content.
Please contact LincolnDMCAagent@lincolnfinancialmedia.com if you have any questions regarding this Copyright Policy.
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