DMCA Notice

The Copyright Amendment Act in Australia and the Digital Millennium Copyright Act in the US enable the owners of copyright of an image or work to send a take down notice to website administrators where website content infringes copyright.

If you believe that content available by means of the Noshly website (www.noshly.com), the “Website” as defined in our Terms of Use, infringes one or more of your copyrights, please notify us by providing a written notice (“Takedown Notice”) containing the information described below to the designated agent listed below; alternatively you may print the form and once signed send to us.

If a Takedown Notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. Noshly reserves the right to take whatever action it decides is appropriate including no action. Noshly is not liable for any action it does or does not take. If Noshly removes or disables access to the allegedly infringing content from the Website, the person who submitted the Takedown Notice will be notified.

To file a Takedown Notice under the DMCA — an act that may result in the removal of website content — you must hold the copyrights to the content in question.

Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

To file a Takedown Notice please issue a written complaint to Noshly. You can print the form at the bottom of this page.

If you do not use the form provided, you must include the following in your Takedown Notice:

  1. Your name and contact details (address, telephone number and email address)
  2. An indication of whether the copyright owner or a person authorized to act on their behalf is submitting the Takedown Notice; details of all parties must be supplied including the relationship between them;
  3. An identification of the copyright claimed to have been infringed;
  4. A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Noshly to find and positively identify that content (typically this will be a permalink to the location on the Noshly site where the content can be found);
  5. A statement by you:
    • That you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent;
    • That all of the information contained in your Takedown Notice is accurate, and
    • Under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
  • An indication of what law (including country) is being transgressed.
  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

You may post a written complaint to Noshly.

Attention Copyright Agent Noshly Pty Ltd
PO Box 254
Robina Qld 4226
Australia
Phone: +61 (0)7 3040 3065

You may email a written complaint to Noshly.

Email: feedback [@] noshly.com

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TAKEDOWN NOTICE

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Note: Items indicated by * must be completed.

CONTACT DETAILS

Title:* Mr /Miss /Ms /Mrs/ Dr/ Prof
First name:*
Last name:*
Organisation/Business:
Copyright holder you represent: (if other than yourself)
Details of relationship between you and copyright holder you represent:
Postal address:*
City:*
State/Region/Province:*
ZIP/Postal code:*
Country:*
Telephone number:*
Fax:
Email address:*

DETAILS

IP Rights claimed:* Trademark/Copyright/Other IP rights
If Trademark:
Trademark registration No:
Country/ie:s
Class/es:

Details of Copyright: Text / Design / Plan or Image / Software
Creation date:
Registration details: (if any)

If other IP rights (provide full details):

Location of copyrighted work:* (where your original material is located)

Description of copyrighted work:* (to facilitate identification)

Location (URL) of unauthorised material on the Noshly website:* (must be full and exact permalink)

Alleged copyright infringement complies with the criteria established by:
□ Digital Millennium Copyright Act ("DMCA") of 1998 (United States of America)
□ The Copyright Amendment Act of 2006 (Australia)
□ Other legislation (provide details including country)

DECLARATION

□ I have reasonable grounds to believe and allege in good faith that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.*

□ 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.*

□ I hereby request that you remove or disable access to this material as it appears on the Noshly website in as expedient a fashion as possible.

Signed on this date:* (date format DD/MM/YYYY) _ _ _ _ _ _ _ _ _ _ __ _

Signature (your digital signature is legally binding)*


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