The Whaler on Ka’anapali Beach (“The Whaler”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of The Whaler’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is The Whaler’s policy to (1) block access to or remove any content (including, without limitation, text, graphics, and photos) (collectively, “Content”) that it believes in good faith to be copyrighted material that has been illegally copied and/or distributed by any of our visitors or members; and (2) remove and discontinue service to repeat offenders.

If you believe that Content residing on or accessible through https://kaanapaliwhaler.com (the “Service”) infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. identification of the copyrighted work that you claim has been infringed on or through the Service, including the copyright registration number for any such work if applicable;
2. identification of the Content that you claim has infringed the identified copyrighted work, including (a) a description of how the material in question is using the copyrighted work in a way that constitutes copyright infringement, and (b) a description of where the material in question is located on or in the Service, with sufficient detail that we may verify the existence of the material within the Service;
3. your contact information, including your full name, mailing address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright holder, its agents, or the law;
5. a statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are the authorized to act on behalf of the copyright holder; and
6. an electronic or physical signature of a person authorized to act on behalf of the copyright holder.

It is The Whaler’s policy:

1. to remove or disable access to the allegedly-infringing Content;
2. to notify the member whose Content has been removed or disabled; and
3. that repeat offenders will have any allegedly-infringing Content removed from the Service and that The Whaler will terminate such member’s access to the Service.

If the notified-member believes that the Content that was removed or to which access was disabled is not infringing, or if the member believes that he or she has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law (including as a fair use), the notified-member must send a counter-notice containing the following information to the Designated Agent listed below:

1. identification of the Content that has been removed or to which access has been disabled, including a description of the where the material in question appeared on the Service before it was removed or disabled;
2. a statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked as a result of a mistake or misidentification of the Content in question;
3. your contact information, including full name, mailing address, telephone number, and email address;
4. a statement by you 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 outside of the USA, for the judicial district in which The Whaler is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
5. your electronic or physical signature.

If a valid counter-notice is received by the Designated Agent, The Whaler may send a copy of the counter-notice to the original complaining party informing that party that The Whaler may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Whaler’s discretion.

Please contact The Whaler’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

The Association of Apartment Owners (AOAO) of The Whaler Condominium

Attn: General Manager
2481 Ka’anapali Pkwy
Lahaina, Maui, HI 96761
Tel: 808.661.6997
FAX: 808.661.1468
Email: whaler.aoao@kaanapaliwhaler.com