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:
It is The Whaler’s policy:
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:
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