Copyright

APV is a not-for-profit educational 501(c)3 association.

By using the APV web site or copying any material found on or via the web site, anyone viewing, reading or otherwise using these pages (User) agrees to abide by the federal copyright laws and all other applicable laws of the U.S. and/or the state of Tennessee as well as the terms of this Disclaimer. APV shall have the right to terminate the User's privilege of use immediately by written notice (including electronic mail) upon User's breach of, or non-compliance with, the foregoing. User may be held legally responsible for any copyright infringement that is caused or encouraged by User's failure to abide by the terms set forth herein.

The individual documents provided on this web site, as well as this web site itself, are copyrighted by APV and may be downloaded for personal use only. Permission to otherwise reprint, copy, electronically reproduce, or utilize any document on this web site, in part or in whole, is expressly prohibited unless prior written consent is obtained from APV. In order to obtain consent please contact APV for more information.

The compilation of information and materials on this web site, including the design, graphics and organization of any database(s), is copyrighted by APV and may not be reprinted or electronically reproduced.

Copyright Complaints

Notice and Takedown Procedure

It is our policy to expeditiously respond to clear 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. It is designed to make submitting notices of alleged infringement to APV as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of the APV site will comply with applicable copyright laws. However, if APV receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Designated Agent

APV Designated Agent to receive notification of alleged infringement under the DMCA is:

Exec. Dir.
APV
9190 Crestwyn Hills Dr
Memphis, TN 38125
215-774-9603

Upon receipt of proper notification of claimed infringement, APV will follow the procedures outlined herein and in the DMCA.

Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide APV's Registered Agent (listed above) the following information in a written communication (preferably via email):

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;
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 APV to locate the material;
Information reasonably sufficient to permit APV to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
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 a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide APV's Registered Agent (listed above) 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 to it 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 such counter notification, APV will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that APV will replace the removed material or cease disabling access to it in 10 business days. APV will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our 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 the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, APV will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures

It is APV's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that APV determines are reasonable under the circumstances.

Governing Law

This agreement is governed by Tennessee law and any action arising from the agreement will be brought in Shelby County. APV requires that you waive your right to trial by jury.

No Waiver of Terms

APV's failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Entire Agreement

The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.