Digital Millennium Copyright Act Notice Policy
It is expected that all users of websites operated by Toyo Tire U.S.A Corp. (“Toyo”) or social media outlets which Toyo has a page or an account (collectively or individually, the “Toyo Sites”) will comply with applicable copyright laws. It is Toyo’s policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This page describes the information that should be present in these notices and the take down procedure Toyo follows with respect to allegedly infringing material.
Toyo’s designated agent to receive notification of alleged infringement under the DMCA is:
Toyo Tires Holdings of Americas Inc.
3565 Harbor Blvd.
Costa Mesa, California 92626
Email: [email protected]
Upon receipt of proper notification of claimed infringement, Toyo will follow the procedures outlined herein.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Toyo’s designated agent the following information in a written communication (preferably via email):
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Toyo Site, with enough detail that we may find it on the Toyo Site (in most circumstances, we will need a URL);
- your address, telephone number, and email address;
- the following statement: "I have 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 following statement: "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"; and
- a physical or electronic signature of the owner or person authorized to act on behalf of the copyright owner.
Please note that you may be liable for damages (including costs and attorneys' fees) if you misrepresent that material infringes on your copyrights. Accordingly, if you are not sure, Toyo suggests that you first contact an attorney.
In order to notify the provider of the allegedly infringing material to which Toyo has removed or disabled access, Toyo may forward a copy of your infringement notice (including your name and email address) to such provider.
If you receive an infringement notification from Toyo, you may file with Toyo’s designated agent a counter notification pursuant to the DMCA. To file a counter notification with Toyo, please provide Toyo’s designated agent the following information in a written communication (preferably via email):
- 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 was disabled;
- your name, address, and telephone number;
- the following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- the following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- your signature, in physical or electronic form.
Upon receipt of your valid counter notification, Toyo will promptly provide the person who provided the original infringement notification with a copy of your counter notification, and inform that person that Toyo will replace the removed material or cease disabling access to it in 10 business days. Further, Toyo will replace the removed material or cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Toyo’s designated agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Toyo Site.
In accordance with Section 512(i)(1)(a) of the DMCA, Toyo will, in appropriate circumstances, disable and/or terminate the accounts or use privileges of users who are repeat infringers.
Standard Technical Measures
It is Toyo’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works, that Toyo determines are reasonable under the circumstances.