[dropcap] I[/dropcap]f you have already received this message and have provided the information required please disregard this notice, we are working to expedite your claim.

If you have not received this message please provide the following:

All text and images on gamerfuzion.com are readily available in various places on the Internet and believed to be in public domain. Text and images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)

The types of text and images editors are authorized to use on gamerfuzion.com include:

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Text and images licensed from photographic archive vendors

Text and images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes

Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the text and images and the right to give it to us for use on our site(s)

Text and images published on public photo sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case

Text and images commissioned by gamerfuzion.com

Text and images that we believe to be covered by the Fair Use Doctrine, such as:

Thumbnail images of 150×150 pixels or less, cropped or reduced in size from the original source

 Text and images used to illustrate a newsworthy story, where the image itself is the story

Text and images used in a transformative manner, such as for parody

 Text and images so widely distributed that they are deemed to have become part of the news

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Claims of Infringement

If you believe that any content appearing on gamerfuzion.com infringes on your copyright, please let us know. However, if the image falls into one of the categories listed above, we believe that our use of the text and image is legitimate and we will not remove it from the site.

Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/

To file a notice of infringement with us, you must provide a written communication (by email to copyright@gamerfuzion.com with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion.

To enable us to address your concerns, please provide the following information:

1. For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.

2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.

3. Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:

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Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,

OR, absent such registration,

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 A detailed description of where the text or image was taken, by whom, who or what the subject of the image is, AND

 Evidence to support your claim that you own the copyright in the text or image.

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We will not comply with requests to remove an text or image where the complainant cannot prove that they own the copyright in the text or image in question.

4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

5. Sign the document and e-mail it to: copyright AT gamerfuzion DOT com / DMCA Complaints

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

Indeed, in a recent case (http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/) a 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. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects (http://www.chillingeffects.org/) for publication.

We also reserve the right to publish your letter on the site(s).

Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Regards,

Gamerfuzion.com

Legal Department

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