It is our policy to expeditiously respond to proper notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA), (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
It is expected that all users of any part of Dead or Kicking will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating contributors, 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 creator of the affected 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.
If you believe in good faith that Dead or Kicking is hosting material that infringes your copyright, you may submit a written notification of claimed infringement to the email listed at the end of this policy.
Specific requirements for proper notification of claimed infringement are set forth within the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- An electronic signature of copyright owner or person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity 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 (address, phone number and, if available, email address)
- A statement that the complaining party has a good faith belief that use of the material in the manner complained 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 allegedly being infringed.
Once proper bona fide infringement notification is received by us, it is company’s policy to do the following:
- Remove or disable access to the allegedly infringing material
- To notify the content provider, user or member that it has removed or disabled the material
- Repeat offenders will have the infringing material removed from the system and that Company’ will terminate said content provider’s access to the service.
Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification. A valid counter notification is a written communication that incorporates the following elements:
- An 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;
- 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 address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of such counter notification, Dead or Kicking will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Dead or Kicking will replace the removed material or cease disabling access to it.
Send the infringing notifications to the email address below: