Copyright and Intellectual Property Policy – Bestions.com

In accordance with U.S. intellectual property laws, and the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf) (the “DMCA”), Bestions, LLC. (“Bestions”) has adopted the following general policy toward copyright and intellectual property infringement with respect to its web site located at http://www.Bestions.com (the “Site”). The address of Bestions’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

Bestions may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Bestions removes or disables access in response to such a notice, Bestions will make a good-faith attempt to contact the allegedly infringing party (“Member”) so that they may make a counter notification.

A. Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before notifying Bestions.

If you believe that material residing on or accessible through the Site infringes a copyright or other intellectual property right, you may provide Bestions notice of such infringement, by sending a written notice of the infringement to the Designated Agent listed below. Notice must be in writing. Please specify the type of infringement at issue and the notice must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon, which may be transmitted by fax, courier, regular mail or e-mail to service@bestions.com;
• Identification in sufficient detail of the material being infringed upon, including any relevant registration numbers for patents, trademarks or copyrights;
• Identification of the material that is claimed to be infringing upon the intellectual property. Include a description of where the material is on the Site with sufficient detail so that Bestions is capable of finding and verifying its existence (it is most helpful if a URL is provided);
• Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Bestions on the owner’s behalf, the address, telephone number and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the owner of the copyright or intellectual property.

When removing material from the Site, Bestions will make reasonable attempts to inform the Member of the removal, the reason for the removal, and upon a Member’s written request, may provide the Member with a copy of the notice and the notifying party’s contact information.

B. Removal of Allegedly Infringing Material

Once an Infringement Notification is received by the Designated Agent, Bestions may remove or disable access to the material allegedly infringing upon the intellectual property. If Bestions removes or disables access to content in response to an infringement notice, Bestions will make reasonable attempts to notify the Member that Bestions has removed or disabled access to the material. Repeat offenders may have all material removed from the system and Bestions may terminate such Members’ access to the Site.

C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:

If you materially misrepresent that a product or activity is not infringing upon the intellectual property of another, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Bestions.

If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the DMCA. Please do not re-list or reactivate the material yourself. The counter-notice must be written and contain the following information to the Designated Agent listed below.

• Your physical or electronic signature, by fax, courier, regular mail or e-mail;
• Identification of the material that has been removed or to which access has been disabled and the location on the Site where the material appeared before it was removed or disabled, including the URL if available;
• A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
• Your name, address, telephone number, and, if available, e-mail address;
• The following statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Bestions is located, and will accept service of process from the claimant or the claimant’s agent.”

If a counter-notice is received by the Designated Agent, Bestions will promptly send a copy of the counter-notice to the original complaining party informing that person that Bestions may replace the removed material or cease disabling it in 10 business days.

Unless the copyright or intellectual property owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Bestions’s discretion.

Please contact Bestions’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

Bestions, LLC
Attention: Customer Service
325 Chestnut Street, Suite 1313
Philadelphia, PA 19106
Fax: 215-413-2687

NOTE: A form is also required to be filed with the Register of Copyrights