Big 5 Corp. (“Big 5”) respects the intellectual property rights of others and expects its users to do the same.
It is Big 5’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Big 5 will respond expeditiously to claims of copyright infringement committed using the Big 5 website (the “Sites”) that are reported to Big 5’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Big 5’s Designated Copyright Agent. Upon receipt of the Notice as described below, Big 5 will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
o “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
o “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Deliver this Notice, with all items completed, to Big 5’s Designated Copyright Agent:
Big 5 Corp.
Attention: General Counsel
2525 East El Segundo Boulevard
El Segundo, California 90245
Email: legal@big5corp.com
Fax: 310.297.7592
Tel: 310.536.0611
If you believe that your trademark (the “Mark”) is being used on the Site by a user in a way that constitutes trademark infringement, please provide Big 5’s Designated Copyright Agent (specified above) with the following information:
o “I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.”
o “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark.”
Upon receipt of notice as described above, Big 5 will seek to confirm the existence of the Mark on the Sites, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Sites.
If you believe that some other IP right of yours is being infringed by a user, please provide Big 5’s Designated Copyright Agent (specified above) with the following information:
o “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
o “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”
Upon receipt of notice as described above, Big 5 will seek to confirm the existence of the IP on the Sites, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Sites.