Notice
and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright
infringement that comply with the United States Digital Millennium Copyright
Act (DMCA). This page describes the information that should be present in these
notices. It is designed to make submitting notices of alleged infringement to Boneynews.com as straightforward as possible while reducing the number of notices that we
receive that are fraudulent or difficult to understand
or verify. The form of notice specified below is consistent with the form
suggested by the DMCA (the text of which can be found at the U.S. Copyright
Office Web Site, http://www.copyright.gov), but we will respond to notices of
this form from other jurisdictions as well.
It is expected that all users of any part of the Boneynews.com site
will comply with applicable copyright laws. However, if Boneynews.com receives proper notification of claimed copyright infringement, our response to
these notices will include removing or disabling access to material claimed to
be the subject of infringing activity and/or terminating subscribers,
regardless of whether we may be liable for such infringement under United
States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a
good-faith attempt to contact the owner or administrator of the affected site or
content so that they may make a counter notification pursuant to Sections
512(g)(2) and (3) of the DMCA. We may also document notices of alleged
infringement on which we act.
Designated Agent
Boneynews.com's Designated Agent to receive
notification of alleged infringement under the DMCA is:
Copyright Officer
Email:
dmca (at) Boneynews.com
Physical Mail:
Upon
receipt of proper notification of claimed infringement, Boneynews.com will follow the procedures outlined herein and in the DMCA.
Infringement Notification
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide Boneynews.com's
Registered Agent (listed above) the following information in a written
communication (preferably via email):
1.
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;
2.
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 Boneynews.com to locate the material;
3.
Information
reasonably sufficient to permit Boneynews.com to contact the complaining
party, such as an address, telephone number, and, if available, an email
address at which the complaining party may be contacted;
4.
The
following statement: "I have 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";
5.
The
following statement: "I swear, under penalty of perjury, that the
information in the notification is accurate, and that I am the copyright owner
or am authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed"; and
6.
A
physical or electronic signature of the owner or a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Please
note that you may be liable for damages (including costs and attorneys' fees)
if you materially misrepresent that material is infringing your copyrights.
Accordingly, if you are not sure whether material available online infringes
your copyright, we suggest that you first contact an attorney.
Counter Notification
A provider of content subject to a claim of infringment
may make a counter notification pursuant to sections 512(g)(2) and (3) of the
DMCA. To file a counter notification with us, please provide Boneynews.com's Registered Agent (listed above) the following
information in a written communication (preferably via email):
1.
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;
2.
Your
name, address, and telephone number;
3.
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]";
4.
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";
5.
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
6.
Your
signature, in physical or electronic form.
Upon
receipt of such counter notification, Boneynews.com will promptly
provide the person who provided the original infringement notification with a
copy of the counter notification, and inform that person that Boneynews.com will replace the removed material or cease disabling access to it in 10
business days. Boneynews.com will replace the removed material and
cease disabling access to it not less than 10, nor more than 14, business days
following receipt of the counter notice, unless our Designated Agent first
receives notice from the person who submitted the original infringement
notification that such person has filed an action seeking a court order to
restrain the subscriber from engaging in infringing activity relating to the
material on our system or network.
Repeat Infringers
In accordance with Section 512(i)(1)(a)
of the DMCA, Boneynews.com will, in appropriate circumstances, disable and/or
terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is Boneynews.com's
policy to accommodate and not interfere with standard technical measures used
by copyright owners to identify or protect copyrighted works that Boneynews.com
determines are reasonable under the circumstances.
Last
updated on July 15th, 2017
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