Piksel respects the intellectual property rights of others and expects you and your agents to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C 512(c)(3) and (g)(3)) (the “Digital Millennium Copyright Act” or “DMCA”), Piksel will respond expeditiously to claims submitted hereunder of potential copyright infringement committed using Piksel services (the “Services”).
1. INFRINGEMENT NOTIFICATION PROCEDURE
1.1 Notification. The process for copyright owners or their authorized agents to notify Piksel of potential copyright infringement is governed by Section 512(c) of the Digital Millennium Copyright Act. Copyright owners, or their authorized agents, should report potential copyright infringement by completing the following DMCA notice and delivering it to the Piksel Designated Copyright Agent. Upon receipt, Piksel will take whatever action it deems appropriate in its sole discretion, including removal of the potentially infringing material and/or termination of the potential infringer’s account.
1.2 Process. Please send either an email to email@example.com (Subject: DMCA Notification), a facsimile to: +1 (646) 553-4944 (Attn: DMCA Notification), or a letter to the address provided below with all of the following information:
a. Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
b. Identify 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 locate the material. Providing URLs in the body of an email is the best way to help Piksel locate content quickly.
c. Provide information reasonably sufficient to permit Piksel to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
d. A statement that you, as the complaining party, or as one who has authorization to act on behalf of the copyright owner, 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.
e. 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.
f. Provide your full legal name and your electronic or physical signature.
1.3 Requirements. You acknowledge that if you fail to comply with all of the requirements of this Section 1, your DMCA notice may not be valid.
2. DMCA COPYRIGHT INFRINGEMENT COUNTER-NOTIFICATION
2.1 Counter-Notification. If you believe that your content 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 counter-notification containing the following information to Piksel (“Counter-Notification”). The process for filing a Counter-Notification is governed by Section 512(g) of the Digital Millennium Copyright Act. To file a Counter-Notification with Piksel, a written communication that sets forth the items specified below must be provided. Please note that pursuant to 17 U.S.C 512(f) of the Digital Millennium 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, including costs and attorneys’ fees arising out of such misrepresentation.
2.2 Requirements. To file a Counter-Notification, please send either an email to firstname.lastname@example.org (Subject: DMCA Counter-Notification), a facsimile to: +1 (646) 553-4944 (Attn: DMCA Counter-Notification), or letter to the address provided below with all of the following information. To expedite Piksel’s ability to process Counter-Notifications, please use the following format (including section numbers):
a. Identify the specific URLs of material that Piksel has removed or to which Piksel has disabled access.
b. Provide your full name, address, telephone number, and email address, and the username of the account.
c. Provide a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under Subsection 512 (c)(1)(C) of the Digital Millennium Copyright Act or an agent of such person.
d. A statement that you have a good faith belief that use of the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
e. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted. Such written notice should be sent to Piksel’s designated agent as follows: Piksel, Inc. Attn: DMCA Counter-Notification 1250 Broadway, Suite 1902, New York, NY 10001 Fax: +1 (646) 553-4874 Email: email@example.com.
2.3 Process. After Piksel receives a Counter-Notification, Piksel may forward it to the party who submitted the original claim of copyright infringement. Please note that when Piksel forwards the Counter-Notification, it will includes any personal information provided to Piksel and submitting a Counter-Notification requires unencumbered consent to having such information revealed in this way. Piksel will not forward the Counter-Notification to any party other than the original claimant. After Piksel sends out the Counter-Notification, the claimant must then notify Piksel within ten (10) days that he or she has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material distributed via the Services. If Piksel receives such notification, Piksel will be unable to restore the content to the Services until resolution of any court action. If Piksel does not receive such notification, Piksel may, at its sole discretion, replace or restore access to the content.