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Copyright and Intellectual Property Policy

Last Updated: June 1, 2013

Overview

We respect the intellectual property of others, and we ask our users to do the same! In such spirit, the following sets forth the Copyright and Intellectual Property Policy of Vacatia, Inc., a Delaware corporation ("Company", "we" or "us") which owns the website Vacatia.com (the "Website"). This document and its contents attempt to conform with U.S. Copyright Laws (http://www.copyright.gov/title17/) and U.S. Patent and Trademark Laws (http://www.uspto.gov/trademarks/law/index.jsp), and any failure of this document to conform thereto is inadvertent and shall not apply. Notwithstanding the foregoing, we will respond to notices of Copyright, Trademark or other Intellectual Property violations made in the form and manner described below from jurisdictions other than the U.S. The address of the Company's designated agent to receive notification of a claimed infringement ("Designated Agent") is listed at the end of this document.

The Company has no responsibility for content on other websites that you may find or access when using the Company's products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the Company Terms of Use, govern your use of such material.

It is the Company's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights, trademarks or other intellectual property rights of the Company and/or others. the Company may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If the Company removes or disables access in response to such a notice, the Company will make a good-faith attempt to contact the allegedly infringing party ("Allegedly Infringing Party") so that they may make a counter notification.

Notice for Claims of Intellectual Property Violations and Agent for Notice

THIS PROCESS IS FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY MATTERS ONLY. Correspondence regarding other matters will not be answered.

WARNING: If you materially misrepresent that a product or activity is infringing your intellectual property, or that of another, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting the Company.

If you believe that material residing on or accessible through the Company web site or service infringes a copyright or other intellectual property right, to provide the Company of notice of such infringement (“Notice”), you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement (e.g. copyright, trademark, patent, etc.) at issue and the Notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
  2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
  3. Identification of the material located on the Website that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that the Company is capable of finding and verifying its existence on the Website (for property listings, please provide item numbers);
  4. Your contact information, including your name and title, as well as your address, telephone number and e-mail address. Please also include the name of the intellectual property owner;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the information provided by you is accurate and that you are authorized to make the complaint on behalf of the intellectual property or copyright owner.

When removing material from the site, the Company will make reasonable attempts to inform the Allegedly Infringing Party of the removal, the reason for the removal, and may provide the Allegedly Infringing Party with a copy of the notice and the notifying party's contact information.

B. Removal of Allegedly Infringing Material

Once a properly filled out Notification is received by the Designated Agent, the Company may remove or disable access to the material infringing upon the intellectual property. If the Company removes or disables access to content in response to an infringement notice, the Company will make reasonable attempts to notify the Allegedly Infringing Party that the Company has removed or disabled access to the material. Repeat offenders will have all material removed from the system and the Company will terminate such Allegedly Infringing Party's' access to the service.

C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting the Company.

If an Allegedly Infringing Party believes that the material that was removed or to which access was disabled is not infringing upon a copyright, such party may must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information to the Designated Agent listed below. NOTE: Under no circumstances should an Allegedly Infringing Party re-list or reactivate the material at issue.

  1. Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
  2. Identification of the material that has been removed or to which access has been disabled and the location on the Website at which the material appeared before it was removed or disabled;
  3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
  4. Your name, address, telephone number, and e-mail address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which the Company is located, and that you will accept service of process from the person who provided the Notification, or an agent of such person.

If a counter-notice is received by the Designated Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that the Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Allegedly Infringing Party, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at the Company's sole and absolute discretion.

Please contact the Company's Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

Vacatia, Inc.
Attn: Legal Department
2424 S.E. Bristol St., Suite 280
Newport Beach, CA 92612
USA