DMCA Notice & Takedown Policy and Procedures
We are not the owners, producers nor do we host the videos displayed on this website (the “Website”). All of these videos are hosted on 3rd party websites. We have absolutely no control over the content on those websites. We respect the intellectual property of the others, and we assume that the websites which we index respect it the same way as we do. We strive to assist in the protection of intellectual property rights, and thus we voluntarily choose to comply with the Notice and Takedown requirements of 17 U.S.C. § 512 of the Digital Millennium Copyright Act (“DMCA”).
Under that regulation, We qualify as a “Service Provider.” Specifically, the Website’s purpose is an information location tool under 17 U.S.C § 512(d) in that it only refers or links the users to the content initiated on third-party websites which are not under Our control.
Under the DMCA, We are authorized to assert certain protections from claims of copyright infringement, frequently referred to as the “safe harbor” provisions. We therefore adopt the following Notice and Takedown Policy relating to claims of copyright infringement regarding content linked to by the Website.
Notice of Claimed Infringement
If you believe that your work has been copied in a way that represents copyright infringement, please provide us with the following information:
(a) a physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) representation of the copyrighted work or other intellectual property that you claim has been infringed;
(c) an accurate description of there the material that you claim is infringing is located on the Website (ideally including specific url’s associated with the material);
(d) your address, telephone number, and an e-mail address;
(e) a statement by you under a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(f) a statement by you, made under penalty of making false statements, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property on the owner’s behalf.
You may contact us about your Notice of Claimed Infringement via an e-mail.
Abusing the DMCA Notice procedures assigned above, or misrepresenting the facts in a DMCA Notice or Counter-notification, can result in legal accountability for damages, court costs and attorney’s fees under the U.S federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents, not to any other kind of abuse, infringement or legal claim. We will explore and take actions against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal degrees before submitting a DMCA Notice.
Take Down Procedure
The “Website” enacts the following “notification and takedown” procedure upon receiving any notification of a claimed copyright infringement. The Website reserves the right to, at any time, disable the access to any Materials claimed to be infringing or based on facts or conditions from which the infringing activity is evident. As an information location tool service provider, “disabling of access” to material identified in a DMCA Notice shall usually mean that We remove the link to the allegedly infringing content found on a third party’s website, together with any affiliated linking or referential materials. It is a firm policy of the Website to terminate the account of repeated copyright infringes, when appropriate, and the Website will act swiftly to disable access to all of the material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C.§512. The Website’s DMCA Notice Procedures are set forth in the heralding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three of the requirements for identifying sites that are infringing according to §512 of the DMCA, the Website shall attempt to contact or take some other reasonable steps to contact the party which is lodging a complaint in order to help that party comply with the notice requirements. When we receive a valid notice, the Website will swiftly disable access to the infringing material and shall attempt to notify the user responsible for providing the content. Then, the affected user may submit a counter-notification to us containing a statement made under the penalty of perjury that the user has a good faith belief that the material was removed due to misidentification of the material. After we receive the counter-notification, it will re-enable the access to the material at issue within 10-14 days after the receipt of the counter-notification, unless we receive a notice that a court action has been filed by the complaining party seeking a ruling against the infringing activity.
Please remember: Since the Website is not linking to the third party pages, it is not possible to locate that particular 3rd party user who has placed the content mentioned. When that happens and the Website is unable to send info messages to the user who is responsible for the content, the Website is going to notify the user care or the third party operator, as an agent. Please note that the Website always has the right to keep and modify or add anything to this policy and that is why you should read the Terms and Conditions in order to be familiar with the latest rules.
Digital Millennium Copyright Act
If you are a user of the Notice of Claimed Infringement and you believe that this Notice is false or some material has been removed that should have not been, or the access is disabled but that also should not have happen, you can submit a counter-notification pursuant to the Section 512(g)(2)&(3) of the DMCA. This is the proper for any recipient to dispute the fact that the material has been removed in connection to the Notice. If you are a recipient and you want to do this, all the information that you send has to be true and totally accurate and you as a recipient are going to be responsible for misrepresentations. This can cause all the claims to be brought against the Website in connection to all the actions that have been taken in response to the counter notification.
If you want to submit a counter-notification, you will need to provide us the information which is following:
– A detailed specific description of the material that has been removed and/or disabled pursuant to the Notice.
– A description of the location of the material on the Website before the removal or disabling it.
– A statement that is reflecting the belief of the recipient that the removal was done wrong. You can use this format: “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.”
– the address of the recipient, phone number, email address and all the important info.
– A statement that proves that the recipient consents to the jurisdiction of the Federal District Court in ad for the judicial district where the recipient is located. If the recipient is not located in the United States of America, all this applies to the juridical district in which the provider may be found. The recipient needs to accept the service of process from the same person that provided the Notice, or the agent of that person.
It is necessary to send all the information mention via email. When we receive the written notification and a DMCA-compliant, we are going to make sure that we provide the counter-notification to the person who claimed it and sent the original Notice identifying the allegedly infringing content.
After about ten to fourteen days of the receipt of the counter-notification, we are going to cease disabling access to the disputed material provided that the Website (We) have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material.
Changes to Policy
We reserve the right to change, add or alter this policy and all the persons who are affected should regularly read it in order to stay informed.
Absolutely nothing is going to be interpreted or deemed as a waiver in this Notice and Takedown Policy. That applies to any right or legal protection enjoyed by the Website. Also, nothing contained herein shall constitute waiver of any personal jurisdiction objections, or consent to the application of United States law or legal process or that of any other foreign country, to the Website’s operations.