DIGITAL DESIGN EMPIRE Policy on Intellectual Property Rights and Claims Under the Digital Millennium Copyright Act (“DMCA”)
DIGITAL DESIGN EMPIRE, LLC (“DIGITAL DESIGN EMPIRE”) has the utmost respect, value, and appreciation for intellectual property rights – its own intellectual property rights and those of others.
DIGITAL DESIGN EMPIRE does not permit copyright infringing activities and infringement of intellectual property rights using its websites, software, products, or services (collectively “the Sites and Software”). All such uses of the Sites and Software are violations of our EULA as our Acceptable Use Policy. As with any system where user-contributed content (“User Generated Content”) is present, we do not have the technological means to know in advance or to determine whether any given content is used with permission, under license, or is a ‘fair use’. To the extent technically feasible, where infringing content is found and identified on a server or other computer directly controlled by DIGITAL DESIGN EMPIRE, we will endeavor to assist copyright holders in protecting their rights under the Digital Millennium Copyright Act.
Procedure for Filing a Claim of Infringement Under the DMCA (“DMCA Take Down Notices”)
If you are a copyright owner or an authorized agent of such an owner with a good faith belief that any content used with the Sites and Software or included as part of any User Generated Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the material that you claim to be infringing or to be the subject of infringing activity and that you believe must be removed, or access to which should be disabled, and information reasonably sufficient to permit DIGITAL DESIGN EMPIRE to locate the material;
information reasonably sufficient to permit DIGITAL DESIGN EMPIRE to contact you, such as an address, telephone number, and, if available, an electronic mail;
a verified 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; and
a verified 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;
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should send the Take Down Notice to DIGITAL DESIGN EMPIRE’s designated Copyright Agent, authorized to receive notifications of claimed infringement:
DIGITAL DESIGN EMPIRE, LLC
NOTE: only verified DMCA Take Down Notices should go to the designated Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to DIGITAL DESIGN EMPIRE. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA Take Down Notice may not be valid and may not achieve the desired result. DMCA Take Down Notices that do not substantially comply with the foregoing requirements, which do not provide enough information for the allegedly infringing content to be located, or which lack the requirement verification may not receive a reply.
Upon receipt of a verified DMCA Take Down Notice that identified allegedly infringing content in the required manner, DIGITAL DESIGN EMPIRE will investigate and disable access to the allegedly infringing material. DIGITAL DESIGN EMPIRE will also notify its User of the Take Down Notice, and if DIGITAL DESIGN EMPIRE receives a Counter Notice that substantially complies with the requirements below, DIGITAL DESIGN EMPIRE may restore access to the content in question consistent with the procedures below and the provisions of the DMCA.
DIGITAL DESIGN EMPIRE understands that copyright holders are not always correct in their beliefs regarding infringement, even when requesting ‘take downs’ in good faith under the DMCA. 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/or use the material in your content, you may send a Counter-Notice containing the following information to the designated Copyright Agent (see above):
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;
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
your physical or electronic signature;
If a Counter-Notice is received by the Copyright Agent, DIGITAL DESIGN EMPIRE 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 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed content may be replaced, or access to it restored, in 10 (to 14) business days or more after receipt of the Counter-Notice, at DIGITAL DESIGN EMPIRE’s sole discretion.