DMCA: Digital Millennium Copyright Act Notice and Policy
1. To File a Notification of Infringing Content
A written notification must be made. This can be done either by email or written letter (regular U.S. mail or courier) or to our DMCA Agent.
Please include the following information in your notice:
a. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
b. 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 us to locate the material;
c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
d. A statement that you 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;
e. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law”;
f. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
g. Your physical or electronic signature; and
h. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.
2. To file a counter-notification
If your content has been taken down as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification as follows:
a. List the material that was removed by the Nimvo.com administrators, and the location at which the material appeared before it was removed. Please identify in sufficient detail;
b. Provide your name, address, telephone number, email address (if available);
c. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or New York, New York if your address is outside of the United States);
d. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
e. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
f. Your physical or electronic signature (i.e., “/s/ (print name)”).
Send the scanned written document to the designated DMCA Agent at Nimvo.com