We hate when people use our stuff without asking, and we try to extend the same courtesy to others. However, sometimes things slip through the cracks.
SmellyHoodie ("Website") has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov). The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
DMCA Copyright Policy
Procedure for Reporting Copyright Infringement:
- A physical or electronic signature of a person authorized to act for the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing material that the copyright owner requests removed, with enough detail so that Company can find and verify its existence;
- Contact information about the notifier including address, telephone number, and, if available, e-mail address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury, that the information provided is accurate, and that the notifying party may make the complaint for the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company's policy:
- To remove or disable access to the infringing material;
- To notify the content provider, member, or user, that it has removed or disabled access to the material; and
- That repeat offenders will have the infringing material removed from the system, and that Company will stop such content provider's, member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
- If the content provider, member, or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member, or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member, or user;
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 disabled;
- A statement that the content provider, member, or user has a good faith belief that the material was removed or disabled because of a mistake or a misidentification of the material; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice at the Company's discretion. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at [email protected]