Copyright Policy and DMCA Notice

I. COPYRIGHT POLICY:

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License

 

 

Last Revised: October 29, 2015

The website, AdventistsForProgress.com (known as Adventists for Progress,” “AFP,” “Website,” or “Site”)carries a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. This license permits non-commercial re-use of AFP material so long as proper attribution is provided. In other words, you are free to copy, display and distribute Adventists for Progress‘ 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 Adventists for Progress and its owner, founder, publisher, and principal writer, Gemelito Laluna, (2) provide links back, respectively, to www.AdventistsForProgress.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 AFP 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 Adventists for Progress (“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 Adventists for Progress, 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 Adventists for Progress‘ content, please feel free to e-mail AFP.

II. DMCA TAKEDOWN NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT:

Last Revised: December 10, 2014

If you believe that your work has been copied and is accessible on Adventists for Progress and/or its social media accounts at Facebook, Flickr, Google+, Twitter, and YouTube (collectively, “AFP Social Media”) in a way that constitutes copyright infringement, or that the Website and/or AFP 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 AFP‘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.

Adventists for Progress‘ 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: Adventists for Progress,” 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 AFP‘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: Adventists for Progress,” 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, Adventists for Progress 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, Adventists for Progress 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: Adventists for Progress and its Owner require their users and commenters to respect the copyright of others on the Website and AFP Social Media.  As such, Adventists for Progress 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 AFP 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 Adventists for Progress and the AFP‘s Social Media’s Comment Sections. (The Comment Sections are the “Leave a Comment” section that is located below a post or page portion of AFP, and the sections of AFP Social Media that are designated for submitting comments.)

However, by submitting a Comment to Adventists for Progress and/or AFP Social Media, the Commenter grants AFP 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, Adventists for Progress and its Owner reserve the right to edit, delete, move, or mark as spam any and all Comments to the Website and at AFP Social Media. Adventists for Progress and its Owner also have the right, where possible, to block access to any person, group, or entity who violates AFP‘s comment policies, as outlined in Section IV and Section V of the Terms and Conditions, from commenting, or from the entire Website and AFP 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 Adventists for Progress, AFP 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. 

NoteAdventists for Progress is a WordPress.com hosted website. (Automattic is the the web development company that owns WordPress.com.)

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