(Last updated on March 6, 2012)
Set forth below are the Legal Notices applicable to the website (the “Website”) and the information and materials on the Website (together, the “Materials”).W&T Seafood Corp. (sometimes referred to herein as the “Company”) owns and operates this Website, and owns the Materials, unless otherwise noted. This Website and the Materials are made available on the World Wide Web, at www.wtseafood.com, in accordance with the Terms and Conditions. Any information you submit while using this Website will be treated in accordance with the Company’s Privacy Policy.
TRADEMARKS AND SERVICE MARKS
“W&T Seafood Corp.”, “W&T Seafood”, “Captain Louie’s”, “Pacific WT Brand”, “Pacific WT” and logos, words and phrases that contain the symbols “®,” “TM” and “SM” are trademarks of W&T Seafood Corp. except for those symbols associated with third parties’ goods and services.
None of these marks may be utilized for any purpose without the express written permission of W&T Seafood Corp.
LINKING TO OUR WEBSITE
You may link to the home page or any other page of this Website, unless we notify you and request you to discontinue your link. If you do link to our Website, please notify us by sending an email to admin@wtseafood.com and putting in the subject line: “Link To Website” with information about your website and where the link to our Website may be found.
COPYRIGHTS
This Website and the Materials, unless otherwise noted, are copyrighted by W&T Seafood Corp. All content created by us and included on the Website, such as text, logos, graphics, images, javascript code, HTML code and other code is the exclusive property of the Company and is protected by U.S. copyright law and international copyright laws.
Original content submitted by our members is used under a non-exclusive license from such members as set forth in our Terms and Conditions. Notwithstanding that some of the content may not be created by us, the collection of all of the content on this Website submitted by users and our original content is a collective work under U.S. copyright law and is the exclusive property of the Company and protected by U.S. and international copyright laws.
The Company asks its visitors to respect the Company’s intellectual property rights for the Website and the Materials. Individuals are granted a limited license (the “Limited License”) to use the Website and Materials, including, but not limited to, printing information from the Website for personal, non-commercial use only. Inclusion of any part of this Website in any other work, whether printed, electronic or in any other form, is strictly prohibited; except as specifically provided in these Legal Notices. Permission for any other usage of our Website and the Materials must be requested in advance and approved by us in writing.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report an alleged infringement of their protected work appearing on web pages hosted by the service provider.
W&T Seafood Corp. intends to fully comply with the DMCA. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, the Company will remove or block access to the allegedly infringing material. If a user of the Website believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to the Company.
This information is provided for informational purposes only and should not be construed as legal advice. If you believe that your copyright has been infringed, or if a notice of copyright infringement has been filed against you, we recommend that you seek legal counsel.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the DMCA, W&T Seafood Corp. designates an agent as described below, to receive notifications of claimed infringement:
Legal name and address of service provider:
W&T Seafood Corp.
50 Franklin Avenue
Brooklyn, NY 11205
Names under which service provider does business:
W&T Seafood Corp.
W&T Seafood
wtseafood.com
Designated agent:
Nellie Wu
Designated agent’s address:
Nellie Wu
W&T Seafood Corp.
50 Franklin Avenue
Brooklyn, NY 11205
Telephone, fax, and e-mail address of designated agent:
Telephone: 718-858-5228
Fax: None Email: admin@wtseafood.com
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider 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.
(v) 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.
(vi) 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.
For more details on the information required for valid notification, we recommend that you review 17 U.S.C. 512(c)(3). Visit the U.S. Copyright Office’s website for more information at http://www.copyright.gov/.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs and attorneys’ fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with W&T Seafood Corp.’s designated agent at the address listed above. Such counter-notification must contain the following information:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If W&T Seafood Corp. receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled.
Please be advised that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
For more information about the Company’s policies regarding copyright, review the section Rights You Give Us To Use Your Information And Ideas in our Terms and Conditions.
UPDATES TO LEGAL NOTICES
Your use of this Website and the Materials constitutes your acknowledgment of the Company’s intellectual property rights and your agreement to act only in accordance with the Limited License granted to you to use the Website and the Materials. The Company reserves the right to amend the information contained in the Legal Notices. You can determine if the Legal Notices have been revised by referring to the “Last Updated” date at the top of this page. The Company recommends that you review the Legal Notices regularly to ensure that you are aware of the terms of your usage of the Website and the Materials.