Punchbaby.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). Punchbaby.com respects the legitimate rights of copyright owners, expects its users to do the same, and has adopted an efficient notice and take down procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, 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 Punchbaby.com site by completing the following notice (“Notice”) and delivering it to Punchbaby.com’s Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper DMCA Notice will notify Punchbaby.com of particular facts in a document signed under penalty of perjury and delivered to Punchbaby.com’s Designated Agent. To write a proper Notice, you must provide the following information, which list comes directly from the DMCA statute:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
* Identification of the material that is claimed to be 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 the service provider to locate the material.
* Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
* A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
* A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist the Punchbaby.com Agent’s investigation of your claim. If the material originates from another website and you believe that Punchbaby.com has cached that material, then confirm any of the following that apply:
* The material has been removed from the originating site;
* access to the material on the originating site has been disabled;
* a court has ordered that the material be removed from the originating site; and/or
* a court has ordered that access to the material on the originating site be disabled. Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
How to Make a Counter-Notification
If you are a Punchbaby.com user or webmaster and you feel that the material you have placed online that has been removed following an infringement complaint Notification is in fact not an infringement, you may file a Counter-Notification. Section 512(g)(3) of the DMCA requires that to be valid, the Counter-Notification must be written and addressed to our Copyright Agent and must provide the following information taken from the statute:
* A physical or electronic signature
* 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
* A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
* Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the addressee is located, or if your address is outside the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided Notification under Subsection (c)(1)(C) or an agent of such person.
* Our Designated Agent will present your Counter-Notification to the person who filed the infringement complaint Notice. Once your Counter-Notification has been delivered, Punchbaby.com is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration
It is Punchbaby.com’s policy to terminate users or webmasters who are found to be repeat infringers. Further, Punchbaby.com has the discretion to handle non-compliant Notices in whatever manner appears to be reasonable under the given circumstances.