The ThemeSorter Web Site is owned and operated by Press Up Inc. Press Up Inc takes copyright infringement seriously. Portions of material on ThemeSorter are user-submitted. The Terms and Conditions
state that copyrighted material must not be submitted without permission from the copyright holder. Even with this precaution, it is still possible that copyrighted material has been published on ThemeSorter.
It is Press Up Inc's policy to respond expeditiously to notices of claimed copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA", View PDF
) and other applicable intellectual property laws. In order to comply with the DMCA, Press Up Inc may remove material claimed to be infringing. In such cases, Press Up Inc will attempt to contact the user who submitted the material in order to inform them of the removal and inform them of their option to make a counter notification pursuant to the DMCA.
Knowing When and When Not to Submit Notifications
If you are unsure whether you should submit a DMCA notification or counter notification (such as if you are unsure if certain material is or is not infringing on another party's copyright), or if you are not sure how to do so properly under the DMCA, we recommend that you consult an attorney.
Be aware that you may be held liable for damages including costs and attorneys' fees if you materially misrepresent that your copyrights are being infringed by another party or if you submit a counter notification that materially misrepresents that you are not infringing the copyrights of another party.
We may post your notification or counter notification with personal information removed to a clearinghouse such as chillingeffects.org
Submitting a Notification of Claimed Infringement
If you are a copyright holder or authorized agent of a copyright holder who believes an infringement has occurred on ThemeSorter, you may send a DMCA-compliant notice of claimed infringement in written form to Press Up Inc's designated agent. Include the following information as outlined in the DMCA (512(c)(3)(A)(i-vi)).
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at ThemeSorter are covered by a single notification, a representative list of such works at ThemeSorter.
(iii) 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 Press Up Inc to locate the material (provide URL(s)).
(iv) Information reasonably sufficient to permit Press Up Inc to contact you. An e-mail address is preferred.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Press Up Inc's designated agent is as follows. Transmit your notification via e-mail and fax for the quickest response.
Designated Agent: David Hayes
E-mail Address: email@example.com
Press Up Inc
P.O. Box 126511
Fort Collins, CO 80525
Upon receiving your notification, Press Up Inc will remove the material from ThemeSorter that is claimed to be infringing. We will notify the person who submitted the material and inform them of their option to submit a counter notification if they believe your claim is incorrect.
Submitting a Counter Notification
Alleged infringers may send a DMCA compliant counter notification in written form to Press Up Inc's designated agent containing the following information (512(g)(3)(A-D)).
(A) A physical or electronic signature of the alleged infringer.
(B) Identification of the material that has been removed or to which access has been disabled and the location before removal (provide URL(s)).
(C) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or Larimer if your address is outside of the United States, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Send your counter notification to Press Up Inc's designated agent using the following contact details. Transmit your counter notification via e-mail and fax for the quickest response.
Press Up Inc
P.O. Box 126511
Benbrook, TX 76126
When Press Up Inc receives a counter notification it will be shared with the party that filed the initial notification of claimed infringement. Under the DMCA, the material in question may be placed back online no earlier than 10 days and no later than 14 days from the date that the counter notification is received, unless Press Up Inc receives notice that the party that filed the initial notification of claimed infringement is seeking to obtain a court order restraining the restoration of removed material.
Termination of Repeat Infringers
Press Up Inc will take appropriate measures to terminate, ban and/or restrict the access of repeat infringers to ThemeSorter.