Copyright Infringement Policy
Last Updated: January 30, 2015
We respect the intellectual property rights of others and expect users of our Services to behave likewise. Accordingly, users may not upload, post, send, or transmit to or through our Services any materials that violate third party intellectual property rights, including under United States copyright law and copyright laws of other countries and territories.
Notification of Claimed Infringement
If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided on or through our Services, you may notify our Copyright Agent as provided below.
Please note, however, that in order for your notification to be legally effective for the purposes of the United States Digital Millennium Copyright Act ("DMCA"), any notification provided by you must comply with § 512(c)(3) of the DMCA as a written communication that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) 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;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) 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; and
(vi) 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.
Designated Copyright Agent
You may send your complete notice of claimed copyright infringement to:
Attn: Copyright Agent
185 Berry Street, Suite #3000
San Francisco, CA 94107
Phone Number: (415) 360-5546
Fax Number: (415) 348-1207
Please note that responses to proper notifications under the DMCA or other applicable laws may include removing or disabling access to data or material claimed to be infringing and/or suspension, restriction, or termination of access to the Services. In the event of any removal or disablement in response to a notification, reasonable steps shall be taken to contact the person in respect of whom such action was taken so as to permit such person to provide a counter notification pursuant to the DMCA or other applicable laws ("Countering Party"), which may include providing Countering Party with the content of the original notification. Where a counter notification is received, such data or materials may be reinstated in accordance with applicable law.
A counter notification may be provided to our Copyright Agent indicated above; however, please note that to be legally effective for the purposes of the DMCA, same must comprise a counter notification in accordance with § 512(g)(3) of the DMCA as a written communication that includes substantially the following:
(i) An identification of the URLs or other unique identifying information of material that DeNA West has removed or to which DeNA West has disabled access;
(ii) Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
(iii) A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(v) Your physical or electronic signature.
You should be aware that you may be liable under the DMCA or other applicable laws for any damages, including costs and attorneys’ fees, incurred by person(s) injured as a result of any material misrepresentation you knowingly make that material or activity (a) is infringing; or (b) was removed or disabled by mistake or misidentification.
Repeat Infringer Policy
Without any limitation of, or prejudice to, our other rights under contract or at law, in accordance with the DMCA and other applicable laws it is a policy of DeNA West to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by users of our Services who are repeat infringers. If you believe that any such subscriber or account holder is a repeat infringer, please contact our Copyright Agent as above and provide us with such information that we may verify that such subscriber or account holder has infringed applicable rights of copyright repeatedly.
Not Legal Advice
This notice is provided so as to comply with provisions of the DMCA and other applicable laws as are relevant to DeNA West. It is not intended and may not be taken as, or relied upon in any way as, legal advice. We encourage you to familiarize yourself with the requirements of the DMCA and other applicable laws, or to consult an attorney, before providing any notification or counter notification of any kind to us.