DMCA

DMCA Counter-Notification Procedure

If the Recipient of a Notice of Claimed Infringement (“Notice”) believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide Our Designated Copyright agent the following information:

1. a specific description of the material that was removed or disabled pursuant to the Notice;

2. a description of where the material was located within the SITE or the Content before such material was removed and/or disabled (preferably including specific url’s associated with the material);

3. a statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:

“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.

4. the Recipient’s physical address, telephone number, and email address; and,

5. a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.