Digital Millennium Copyright Act Policy, Notice and Takedown Procedure
It is policy to expeditiously respond to proper notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA), (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
Mystical Night Media respects the intellectual property rights of others and expects its users to do the same. If we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating contributors, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Mystical Night Media will respond expeditiously to claims of copyright infringement committed using the Services (as defined in the Mystical Night Media Terms of Service) that are reported to Mystical Night Media Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Mystical Night Media Designated Copyright Agent. Upon receipt of the Notice as described below, Mystical Night Media will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been violated.
- Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Mystical Night Media’s Designated Copyright Agent:
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
To file a counter notification with us, you must provide a written communication (by regular mail) that sets forth the information specified in the list below. Subject to the prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether specific material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
- 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, telephone number, and, if available, an email address at which you may be contacted;
- 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
- Sign the document.
- Send the written communication our designated Copyright Agent to receive DMCA Notices: