NextShark, Inc. (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The address of the Copyright Agent to Receive Notification of Claimed Infringement (“Copyright Agent”) is listed at the end of this policy.
I. Procedure for Reporting Copyright Infringement:
Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to Company’s Copyright Agent:
where it is located on the Service. This should include a description of the copyrighted work or other intellectual property that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Provide enough information to allow Company to locate the material, and explain why you think an infringement has taken place;
Identification of the copyrighted work that you claim has been infringed, including a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Information reasonably sufficient to permit NextShark to contact you, such as your address, telephone number, and, e-mail address;
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 law; and
statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
II. Once Proper Bona Fide Infringement Notification is Received by the Copyright Agent:
It is Company’s policy:
to notify the content provider, member or user that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.
III. Procedure to Supply a Counter-Notice to the Copyright Agent:
If you believe that the 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 content, you may send a written counter-notice containing the following information to the Copyright Agent:
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 located within New York, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
Your physical or electronic signature;
If a counter-notice is received by the Copyright Agent, Company will 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 content provider, member or 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 our sole discretion. Please note that this procedure is exclusively for notifying NextShark and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with NextShark’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
The above information must be submitted to the following Copyright Agent:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
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