DMCA Compliance & Takedown Procedure

 

This website (.SITE.) qualifies as a Service Provider. within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (.DMCA.). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the safe harbor. provisions. We respect the intellectual property of others, and we ask our users to do the same. Accordingly, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users.

The DMCA provides two simple, straightforward procedures that all Clipstorm users should know about:

DMCA takedown notices are used by copyright owners to ask Clipstorm to take down infringing content. If someone else is using your copyrighted content in an unauthorized manner on Clipstorm you can send us a DMCA takedown notice to request that the infringing content be removed.

On the other hand, counter notices can be used to correct mistakes. Maybe the person sending the takedown notice does not hold the copyright or did not realize that you have a license or made some other mistake in their takedown notice. Since Clipstorm usually cannot know if there has been a mistake, the DMCA counter notice allows you to let us know and ask that we put the content back up.

 

DMCA Take Down Notice

 

Copyright Owner Sends A Takedown Notice. After conducting an investigation, a copyright owner prepares and sends a takedown notice to Clipstorm. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the how-to guide), we will post the notice to our public repository and pass the link along to the affected user.

 

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a takedown-note with the subject ”DMCA” to contact@clipstorm.com with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. your address, telephone number, and email addres;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
  5. a statement by you, made under penalty of perjury, 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 owner’s behalf.
  6. The URL to the claimed infringement (e.g., http://www.clipstorm.com/store/36) and the Title of the movie clip.

Please do not send other inquires or information to us.

 

Take Down Procedure

 

The site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the site to terminate the account of repeat copyright infringers, when appropriate, and the site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The site reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.

If a store uploads a content without having the proper rights to sell this content, Clipstorm reserves the right to terminate the Store’s account immediately, remove the copyrighted content and all funds will be restrained. Furthermore a notice to the original copyright owners and/or the responsible prosecution department may be sent by Clipstorm.

 

 

DMCA Counter- Notification Procedure

 

User May Send A Counter Notice. We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a counter notice. As with the original notice, we will make sure that the counter notice is sufficiently detailed. If it is, we will pass the notice back to the copyright owner.

 

To submit a counter-notification, please provide us 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.

Please do not send other inquires or information to us!

 

 

Additional ways to act

 

Copyright Owner May File a Legal Action. If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on Clipstorm. In other words, you might get sued. If the copyright owner does not give Clipstorm notice within 10-14 days, by sending a copy of a valid legal complaint filed in a court of competent jurisdiction, Clipstorm will reenable the disabled content.

Clipstorm isn't The Judge. Clipstorm exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.

 

Service Provider Customers or Subscribers

 

In the event that the alleged infringer identified in an intended DMCA Notice is, itself, operating as a „Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the SITE requests that any such DMCA Notices relating to alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the DMCA Agent designated by the service provider instead of the SITE.

 

Modifications to policy

 

Clipstorm reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.

 


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