I. COPYRIGHT POLICY:
Last Revised: December 10, 2015
The website, GemelitoLaluna.com (known as Website” or “Site”), carries a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. This license permits non-commercial re-use of GemelitoLaluna.com material so long as proper attribution is provided. In other words, you are free to copy, display and distribute GemelitoLaluna.com’s work, or include its material in derivative works so long as the following conditions are met:
1. Attribution: You must: (1) clearly attribute the work to GemelitoLaluna.com and its owner, founder, publisher, and principal writer, Gemelito Laluna, (2) provide links back, respectively, to www.GemelitoLaluna.com and www.About.me/GemelitoLaluna, (3) indicate the work is under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, (4) indicate if you modified the work (along with an indication of prior modifications as well) where applicable, and (5) such attribution cannot be made in any manner that suggests either GemelitoLaluna.com or Gemelito Laluna endorses you or your use;
2. Noncommercial: You must not use the work for commercial purposes without explicit and expressed permission granted by Gemelito Laluna, the owner of GemelitoLaluna.com (“Owner”); and
3. Share Alike: If you alter, remix, transform, or build upon the this material, you must distribute the resulting work only under an identical license covering GemelitoLaluna.com, i.e., use a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license.
(Please click here for a full legal code of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.)
Finally, if you have any questions pertaining to the use of GemelitoLaluna.com content, please feel free to e-mail GemelitoLaluna.com.
II. DMCA TAKEDOWN NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT:
Last Revised: December 10, 2015
If you believe that your work has been copied and is accessible on GemelitoLaluna.com and/or its social media accounts at Facebook (Fan Page), Facebook (Personal Page), Flickr, Google+ Fan Page, Google+ Personal Page, Twitter, and YouTube (collectively, “Social Media”) in a way that constitutes copyright infringement, or that the Website and/or Social Media sites contain links or other references to another online location that contains material or activity that infringes your copyright rights, please bring this to the Website’s attention by providing the following information in writing—as required by the Online Copyright Infringement Liability Limitation Act (under 17 U.S.C. sec. 512) of the Digital Millennium Copyright Act (“DMCA”)—to GemelitoLaluna.com’s designated DMCA Copyright Agent as set forth below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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 (please note that such work or works, in question;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. 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; and
6. 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.
GemelitoLaluna.com’s designated DMCA Copyright Agent is Gemelito Laluna. As such, please e-mail Gemelito Laluna with your submission of the DMCA Takedown Notice of Alleged Copyright Infringement (“DMCA Notice” or “Notice”) with the words, “DMCA Notice Re: GemelitoLaluna.com,” in the subject line. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA Notice may not be valid.
If you have any other questions pertaining to GemelitoLaluna.com’s DMCA Takedown Notice of Alleged Copyright Infringement Policy, such as, but not limited to, alternative methods available in regard to submitting a DMCA Notice to the Designated Agent other than by e-mail, please contact the Designated Agent at this different e-mail address with the words, “DMCA Copyright Notice Questions Re: GemelitoLaluna.com,” in the subject line.
Note: Please be advised that you may be liable for damages (including, without limitation, costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing
As the nonprofit organization, Electronic Frontier Foundation, points out: “Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. One company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees under this provision. See http://www.eff.org/cases/online-policy-group-v-diebold. In addition, ‘in order for a copyright owner to proceed under the DMCA with “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,” the owner must evaluate whether the material makes fair use of the copyright.” Lenz v. Universal, 572 F. Supp. 2d 1150, 1155 (2008).'”
In light of this, GemelitoLaluna.com and its Owner reserve the right to review the allegedly infringing material and independently determine whether it is infringing.
As such, upon receiving a proper notification of alleged copyright infringement, as outlined above, GemelitoLaluna.com will promptly remove or disable access to the allegedly infringing content provided that the claim is determined to be a copyright infringement as well as not falling within fair use or any other safe harbor provided for by law.
Furthermore, your submission of a DMCA Takedown Notice of Alleged Copyright Infringement is an understanding, acknowledgement and agreement, by you, that we may forward your Notice and any other related communications to the user or commenter, in question, who posted the material that you identified in your notice.
Special Notice to Users and Commenters: GemelitoLaluna.com and its Owner require their users and commenters to respect the copyright of others on GemelitoLaluna.com and its Social Media sites. As such, GemelitoLaluna.com and its Owner, at their discretion and in appropriate circumstances, if possible, will suspend or terminate the access of and take other action against users and commenters who infringe the copyright rights of others on the Website and Social Media.
Note: The Commenter retains the copyright to all his or her Comments (in any language, regardless of the form or medium, with respect to such content, whether text, videos, photographs, audio or otherwise) that he or she posts on GemelitoLaluna.com and the Social Media’s Comment Sections. (The Comment Sections are the “Leave a Comment” section that is located below a post or page portion of GemelitoLaluna.com and the sections of the Social Media sites that are designated for submitting comments.)
However, by submitting a Comment to GemelitoLaluna.com and/or Social Media, the Commenter grants the Website and its Owner, without monetary and/or non-monetary compensation or any combination thereof, the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, adapt, broadcast, modify, post, publish, re-edit, reproduce, store, translate, transmit, create derivative works from, distribute, and display the Comment for any purposes (including, without limitation, promotions and marketing), and to incorporate such comment, for any purpose (including, without limitation, promotions and marketing) in other works, on any website, in any language, form, medium, media, or technology now known or later developed.
Moreover, GemelitoLaluna.com and its Owner reserve the right to edit, delete, move, or mark as spam any and all Comments to the Website and at Social Media. GemelitoLaluna.com and its Owner also have the right, where possible, to block access to any person, group, or entity who violates the Website’s comment policies, as outlined in Section IV and Section V of the Terms and Conditions, from commenting, or from the entire Website and Social Media without prior and/or further notice.
Finally, because there is a potential risk of any and all technical or nontechnical glitches or malfunctions (including, without limitation, those arising from application; computer systems; computer or mobile phone equipment; failure of e-mail or players due to technical problems or Internet traffic congestion or in connection with this Website; hosting services; servers or providers; software; telephone networks or services; and/or GemelitoLaluna.com, Social Media, Automattic, WordPress.com, or from any other source), you should be aware the Website and its Owner neither assume responsibility nor are they liable for Comments lost or destroyed as a result, as well as any and all damages, harm, loss, or injury resulting therefrom.
Note: GemelitoLaluna.com is a WordPress.com hosted website. (Automattic is the the web development company that owns WordPress.com.)