By utilizing the Website you agree that you
have consulted with an attorney of your own choosing and at your own
expense in order to fully understand all of your legal rights and
obligations as a result of utilizing the Website and these Copyright
Infringement Notification Instructions.
WARNING:
PURSUANT TO 17 U.S.C. Â 512(k), ANY PERSON WHO KNOWINGLY MATERIALLY
MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO
LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT
INFRINGEMENT.
Should you desire to review the full Bill Text of the Digital Millennium Copyright Act (DMCA), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE.
The information contained at the aforementioned linked web pages is for
your convenience only and we make no promises or representations
related to the information contained therein including its accuracy.
Pursuant
to 17 U.S.C. Â 512(k)(1) of the DMCA, this Website is a Service
Provider and is entitled to certain protections commonly referred to as
the Safe Harbor provisions.
Claim of Infringement
If
you believe that someone has posted material that infringes your
copyright, a notification of a claimed copyright infringement must be
provided via email or regular mail to us and must include the following
information (the list below comes substantially straight from the
statute 17 U.S.C. Â 512(c)(3); if you do not understand the language
please seek independent legal advice):
1.
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2.
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;
3.
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;
4.
A statement that the complaining party has a good faith belief that 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 an
exclusive right that is allegedly infringed;
Failure
to submit copyright infringement notifications as described above will
result in no legal notice or action on behalf of Yooyoutube.
Claim
of Infringement Counter-Notification- If you have received a Copyright
Infringement Notification and you feel that material you have placed
online that has been removed following an infringement complaint is in
fact not an infringement, you may file a counter- notification. 17
U.S.C. §512 (g)(3) requires that to be valid, the counter-notification
must be written and addressed to our designated agent (listed above) and
must provide the following information (the list below comes straight
from the statute; if you do not understand the language please seek
independent advice):
Identification
of the specific URLs of material that the Website has removed or to
which the Website has disabled access; Your full name, address,
telephone number, and email address; The statement: I consent to the
jurisdiction of the Federal District Court for the district in which my
address is located, or if my address is outside of the United States,
the judicial district in which the Website is located, and will accept
service of process from the claimant The statement: I swear, under
penalty of perjury, that I have a good faith belief that the material
was removed or disabled as a result of a mistake or misidentification of
the material to be removed or disabled; and Signature. A scanned
physical signature or a valid electronic signature will be accepted. Our
designated agent will present your counter-notification to the
Complaining Party. Once your counter- notification has been delivered,
Youyoutube, is allowed under the provisions of 17 U.S.C. §512 to restore
the removed material in no less than 10, nor more than 14, business
days, unless the Complaining Party notifies us that it has filed an
action seeking a court order to restrain you, the subscriber, from
engaging in infringing activity related to the material on Yooyoutube system or network.
Please
note that when we forward the counter-notification to the Complaining
Party, it includes your personal information. By submitting a
Counter-Notification, you consent to having your information revealed in
this way.
Youyoutube is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions “ In the event that after you submit a Copyright Infringement
Notification, you realize that you have either misidentified content,
failed to comply with the requirements of the DMCA or that you simply
changed your mind, you may retract your Copyright Infringement
Notification by sending us a Notification of Retraction with all of the
following:
1. A
statement indicating that you are retracting your Copyright
Infringement Notification; The complete and specific URL of the material
in question;
2. An electronic signature; and
3. A copy of your original Copyright Infringement Notification.
Repeat Offenders
This
Website terminates the account(s) of any repeat copyright infringer,
when appropriate and maintains a Repeat Infringer Policy pursuant to 17
U.S.C. § 512(i).
These
Copyright Infringement Notification Instructions may be and shall be
modified from time to time without notice. You are solely responsible
for regularly reviewing these Copyright Notification Instructions.
Our
Copyright Infringement Agent is not associated with this Website or the
legal entity that controls this Website. Do not send any other
information or material to our DMCA Agent.