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DMCA Notice & Takedown Policy
We respect the intellectual property rights of others and expect our users and contributors to do the same. As such, although our website is not based in the United States of America, we have chosen to voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”).
This website would qualify as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the DMCA. Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions, and as such, we have adopted this DMCA Notice & Takedown Policy.
Notice of Claimed Infringement
If you believe that your work has been copied and published on our website in a way that constitutes copyright infringement, please provide our Designated Agent (identified below) with a notice of the Claimed Infringement (“Notice”).
We reserve the right at any time to disable access to, or remove any material or activity accessible on or from any of our websites or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
It is our firm policy to terminate the account of repeat copyright infringers, when appropriate, and we will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA.
To be effective, a Notice must contain substantially the following information:
(i) the signature of the copyright owner or an authorised agent;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
(iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit the OSP to locate the material (or the reference or link);
(iv) contact information for the copyright owner or authorised agent;
(v) a statement that the person sending the Notice 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
(vi) a statement that the information in the Notice is accurate, and under penalty of perjury, that the person sending the Notice is authorised to act on behalf of the copyright owner .
A sample Notice can be found at the following link:
https://www.copyright.gov/512/sample-notice.pdf
Once we have received a compliant Notice, we will act expeditiously to remove or disable access to the infringing material. We will then promptly notify the user that originally uploaded the material that it has been removed.
You should send your Notice to our Designated Agent to the following address/email address:
compliance@projektfreyja.com
When the Designated Agent receives a valid Notice, we will expeditiously remove and/or disable access to the infringing material and shall notify the affected user.
Thereafter, the affected user may submit a counter-notice to the Designated Agent (in accordance with the procedure stated below) containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material.
Counter-Notice of Claimed Infringement
If the user believes that the material was removed as a result of mistake or misidentification of the material, the user may submit a counter-notice requesting the reinstatement of the material. To be effective, a counter-notice must contain substantially the following information:
(i) a physical or electronic signature of the user;
(ii) 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;
(iii) a statement under penalty of perjury that the user 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;
(iv) the user’s name, address, and telephone number, and a statement that the subscriber 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 the service provider 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.
A sample counter-notice can be found at the following link
https://www.copyright.gov/512/sample-counter-notice.pdf
After receiving a DMCA-compliant counter-notice, we will then provide the counter-notice to the claimant who first sent the original Notice identifying the allegedly infringing content.
Thereafter, within ten to fourteen (10-14) days of our receipt of a counter-notice we will replace or cease disabling access to the disputed material provided that we have not received notice that the original claimant has filed an action seeking a court order to restrain the recipient from engaging in infringing activity relating to the material on our website’s system or network.
Important - Please Note
If you fail to comply with all of the requirements of Section 512 of the DMCA, your DMCA Notice/Counter Notice may not be effective.
All DMCA Notices and counter-notices must be written in the English language. Any attempted notices written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.
If you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
This DMCA Notice & Takedown Policy only applies to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim.
We will investigate and take action against anyone abusing the DMCA notice or counter-notice procedure.
We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.
This process does not limit our ability to pursue any other remedies we may have, to address suspected infringement.
Further information regarding notification and takedown requirements can be found in the DMCA, here: https://www.copyright.gov/512/
This DMCA Notice & Takedown Policy is provided so as to comply with provisions of the DMCA and other applicable laws as are relevant to Projekt Freyja Ltd; 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 Notice or counter notice of any kind to us.
We reserve the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes.