DMCA

 

Digital Millennium Copyright Act Notification Guidelines

Notification of Infringement

It is My Damn Channel’s policy to promptly respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "Repeat Infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.MyDamnChannel.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing My Damn Channel’s Designated Copyright Agent (copyright@MyDamnChannel.com) with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  • a)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • b)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the My Damn Channel web site are covered by a single notification, a representative list of such works at the My Damn Channel web site.
  • c)Clear 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 My Damn Channel to locate the material. Providing URLs to the alleged infringing content in the body of an email is the best way to help us locate content quickly.
  • d)Information reasonably sufficient to permit My Damn Channel to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • e)A statement that the complaining party has 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.
  • f)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 an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Repeat Infringer Policy

It is My Damn Channel’s intention to adopt and reasonably implement a policy to terminate the accounts of "Repeat Infringers" under the DMCA, Section 17 U.S.C. § 512(i)(1)(A). Repeat Infringers are users, known by their user names or another unique identifier, about whom we have received more than two DMCA notifications that resulted in the removal of material, posted at the direction of that user, from the My Damn Channel’s web site or service. It is My Damn Channel’s policy, which is made publicly available, to terminate the accounts of Repeat Infringers. My Damn Channel will promptly terminate the accounts of such Repeat Infringers without prior notice. If your account has been terminated because you have been found to be a "Repeat Infringer" you will be prohibited from ever opening another account to use the My Damn Channel Service.

My Damn Channel DMCA Notification Guidelines, posted on the My Damn Channel web site, serve to inform our users of this Repeat Infringer policy, and we will maintain our guidelines to be the most current expression of this Repeat Infringer policy. This policy will be uniformly applied to My Damn Channel users.

Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  • a)A physical or electronic signature of the user.
  • b)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.
  • c)A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • d)The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which My Damn Channel may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Designated Copyright Agent

My Damn Channel’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, 2121 Rosecrans Avenue, Suite 4310, El Segundo, CA 90245 or by email at copyright@MyDamnChannel.com. For clarity, only DMCA notices should go to the My Damn Channel Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to My Damn Channel customer service through help@MyDamnChannel.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.