NOTICE OF DESIGNATED AGENT AND

PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGMENT

 

This notification is made without prejudice or admission as to the applicability of The Digital Millenium Copyright Act, 17 U.S.C., Section 512(c), and is SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF THE ONLINE SERVICE PROVIDER (“OSP”), WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

 

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or its authorized agent ("Complainant") may submit a notification alleging copyright infringement to the OSP’s Agent Designated to Receive Notification of Claimed Infringement if Complainant has a good-faith belief that its works are being infringed by material subject to the OSP’s control. We will investigate proper notifications sent to the following: admin@adultgalleria.com



Elements of Proper Notification:

To be effective a notification of claimed infringement MUST contain at least the following information or it may be IGNORED:


(a) A an electronic or physical signature of the person authorized to act on behalf of the Complainant;


(b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;


(c) 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 OSP to locate the material;


(d) Information reasonably sufficient to permit the OSP to contact Complainant, such as an address, telephone number and e-mail address at which Complainant may be contacted;


(e) A statement that Complainant 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; and


(f) A statement made under penalty of perjury, that the information in the notification is accurate, that Complainant is authorized to act on behalf of the copyright owner.

 

Effect of Notification:

The OSP will investigate the subject of a proper notice. If appropriate, the OSP will act expeditiously to remove or disable access to the allegedly infringing material and notify the entity that submitted such material ("Respondent"). Respondent may then send to the Designated Copyright Agent a proper counter-notification, in which case the OSP may re-post or re-enable access to the allegedly infringing material between 10 and 14 days after receipt of the counter-notification, unless Complainant first notifies OSP that Complainant has filed suit to restrain Respondent from engaging in the alleged infringement.

 

 

A proper counter-notification should be sent to the Designated Agent listed above and MUST have at least the following information, or it may be IGNORED:


(a) A physical or electronic signature of a person authorized to act on behalf of Respondent;


(b) Identification of the material that has been removed or disabled and the location at which the material appears before it was removed or access to it was disabled;


(c) A statement, under penalty of perjury, that Respondent 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; and


(d) Respondent's name, address and telephone number, and a statement that Respondent consents to the jurisdiction of the Federal Court in its district or, if Respondent's address is outside the United States, Respondent consents to any jurisdiction where OSP may be found, and that Respondent will accept service if process originates from Complainant or Complainant's agent.

 

Subpoena to identify infringer.

A copyright owner or a person authorized to  act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to OSP for identification of an alleged infringer in accordance with the DMCA. The request may be made by filing with the clerk:

 

    (A) a copy of a notification described under DMCA § 512 (c)(3)(A);

    (B) a proposed subpoena; and

    (C) a sworn declaration to the effect that the purpose for which the

    subpoena is sought is to obtain the identity of an alleged infringer and

    that such information will only be used for the purpose of protecting rights

    under the DMCA.

    

Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in under DMCA § 512 (c)(3)(A), the OSP shall expeditiously disclose to the copyright owner or person authorized by the  copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the OSP responds to the notification.