The NewOrleansOnline.com, FollowYourNOLA.com, and GoNOLA.com Web Sites (collectively referred to as the "Websites") operated by New Orleans Tourism Marketing Corporation ("NOTMC") permits the submission of user-generated content, including text, photographs, videos and other material submitted by you and other users ("User Materials") and the hosting, sharing, and/or publishing of such User Materials. You agree to be solely responsible for your User Materials and for any consequences associated with posting or publishing them.
NOTMC does not tolerate copyright infringing activities on its Websites. However, NOTMC does not monitor User Materials for copyright infringement.
NOTMC abides by the federal Digital Millennium Copyright Act ("DMCA") by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove any User Materials if properly notified that such User Materials infringe on another's intellectual property rights.
In addition, NOTMC reserves the right to remove User Materials without prior notice. NOTMC will also terminate a User's access to its Websites, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Materials removed from the Websites more than twice.
In particular, if you are a copyright owner or an agent thereof and believe that any User Materials or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NOTMC's designated Copyright Agent to receive notifications of claimed infringement is: Jeremy Cooker, 2020 St. Charles Avenue, New Orleans, LA 70130, email: email@example.com, telephone: (504) 826-9705, fax: (504) 524-4780. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to NOTMC customer service at email: firstname.lastname@example.org, telephone: (504) 524-4784, fax: (504) 524-4780. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Materials that were removed (or to which access was disabled) are not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Materials, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the User Materials that have been removed or to which access has been disabled and the location at which the User Materials appeared before they were removed or disabled;
- A statement that you have a good faith belief that the User Materials were removed or disabled as a result of mistake or a misidentification of the User Materials; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you live outside the United States, for the Eastern District of Louisiana, where NOTMC is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, NOTMC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Materials or cease disabling them in 10 business days. Unless the copyright owner files an action seeking a court order against the User Materials provider, member or user, the removed User Materials may be replaced, or access to them restored, in 10 to 14 business days or more after receipt of the counter-notice, at NOTMC's sole discretion.