KatiaDiamond.com (“KD”) takes the intellectual property rights of others seriously and expects you to do the same on our Services. To provide notice that User Content uploaded on or through our Services infringes your copyright under the Digital Millennium Copyright Act (“DMCA”), or to provide a counter-notice to restore content, please follow the steps outlined below.
Notice To Remove Content: If you are a copyright owner, or an agent thereof, and believe in good faith that any User Content infringes upon your copyright(s), you may submit a notification in writing, providing our Copyright Agent with the following information (see 17 U.S.C. § 512(c)(3) for further details):
- 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;
- Identification of the copyrighted work claimed to have been infringed (including a hyperlink to said work(s), if available), or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that website;
- 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 the service provider to locate the material (including a hyperlink to said work(s));
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email;
- 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, his/her/its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to the Copyright Agent as provided in this section below.
Counter-Notice To Restore Removed Content: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent (see 17 U.S.C. § 512(g)(3) for further details):
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the district where you live (if you reside in the U.S.), or your consent to the jurisdiction of a federal court in San Diego, California (if you reside outside the U.S.);
- And a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, KD may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user content provider or user, the removed User Content may be replaced, or access to KD’s Services restored, at KD’s sole discretion.
KD Copyright Agent Contact: You may contact our Copyright Agent by email as follows: firstname.lastname@example.org
For clarity, only DMCA notices or counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to KD customer support by email at email@example.com. You acknowledge that if you fail to comply with all of the requirements as set forth herein, your DMCA notice may not be valid.
Repeat Infringer Policy: KD will terminate user accounts that have been subject to three (3) separate DMCA notices. In the event a user’s materials are removed based on a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, the underlying DMCA notice will be deemed withdrawn for purposes of this policy. We reserve the right to terminate user accounts subject to less than three (3) DMCA notices in appropriate circumstances (i.e. the user has a history of violating or willfully disregarding KD’s Terms of Service).
Requests For Further Information:To ensure a timely processing of your notice or counter-notice, please make sure you have complied with the steps set forth above. If we request additional information required to make your DMCA notice or counter-notice complete, please provide that information promptly. If you fail to comply with these requirements, we may not be able to process your notice or counter-notice.
Bad Faith Conduct: Under 17 U.S.C. § 512(f) of the DMCA anyone who knowingly makes materially false claims in a takedown notice or counter-notice shall be liable for damages, including costs and attorneys’ fees incurred by the alleged infringer, copyright owner, or service provider injured by such misrepresentation or reliance upon such misrepresentation in removing or disabling access to the contended infringing material.
KD may disclose any communication concerning DMCA notices or other intellectual property complaints with third parties, including affiliates, partners and users who have posted the allegedly infringing material that may create a chilling effect. If it is determined that a KD user filed a notice with KD regarding the User Content of another KD user in bad faith (such as for malicious purposes), we reserve the right to terminate the account of the user filing the notice.
If you have questions regarding the legal requirements of a DMCA notice, or responding thereto in a counter-notice, you should contact an attorney or refer to the U.S. Copyright Act, 17 U.S.C. §512 for more information.