DMCA Notice of Copyright
Infringement
animetube.com is an Online Service
Provider under Title II of the Digital Millennium Copyright Act, 17
U.S.C. Section 512 ("DMCA"). animetube.com respects the
legitimate rights of copyright owners, and has adopted an efficient
notice and takedown procedure as required by the DMCA and described
herein. This policy is intended to guide copyright owners in utilizing
that procedure, and also to guide webmasters in restoring access to
websites that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can
request any Online Service Provider to disable access to a website where
your copyrighted work(s) are appearing without your permission. There
are two parts to the legal procedure: (1) Writing a Proper DMCA Notice,
and (2) Sending the Proper DMCA Notice to animetube.com's Designated
Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify animetube.com of
particular facts in a document signed under penalty of perjury. We refer
to this as a "Proper DMCA Notice." To Write a Proper DMCA
notice, please provide the following information:
1. Identify yourself as either:
a. The owner of a copyrighted work(s), or
b. A person "authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed."
2. State your contact information, including your TRUE
NAME, street address, telephone number, and email address.
3. Identify the copyrighted work that you believe is
being infringed, or if a large number of works are appearing at a single
website, a representative list of the works.
4. Identify the material that you claim is infringing
your copyrighted work, to which you are requesting that animetube.com
disable access over the World Wide Web.
5. Identify the location of the material on the World
Wide Web by providing "information reasonably sufficient to permit
animetube.com to locate the material."
6. State 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 agents, or the law."
7. State that the information in the notice is accurate,
under penalty of perjury.
Sign the notice with either a physical or electronic
signature.
Sending The Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your Proper
DMCA Notice to the following agent designated by animetube.com (the
"Designated Agent".) The contact information for animetube.com's
Designated Agent is:
Email: dmca@animetube.com
What We Do When We Receive A Proper DMCA Notice
animetube.com will follow the procedures provided
in the DCMA, which prescribed a notice and takedown procedure, subject
to the webmaster’s right to submit a Counter-notification
claiming lawful use of the disabled works.
Notice and Takedown Procedure
It is expected that all users of any part of the animetube.com
system will comply with applicable copyright laws. However, if animetube.com
is notified of claimed copyright infringement, or otherwise becomes
aware of facts and circumstances from which infringement is apparent,
it will respond expeditiously by removing, or disabling access to, the
material that is claimed to be infringing or to be the subject of infringing
activity. animetube.com will comply with the appropriate provisions
of the DMCA in the event a counter notification is received by its Designated
Agent.
Notice to Users of animetube.com Systems
Pursuant to the Terms of Service Agreement you agreed
to when you were permitted to become a System User, you are required
to use only lawfully-acquired creative works as website content, and
your website may be disabled upon receipt of notice that infringing
material is appearing there. animetube.com also respects the legitimate
interests of webmasters in utilizing media content lawfully, being permitted
to present a response to claims of infringement, and obtaining timely
restoration of access to a website that has been disabled due to a copyright
complaint.
Your System Use privileges will also be suspended. You
may protest a DMCA notice by submitting a Counter-notification as described
below.
Writing and Submitting a Counter-notification
If access to your website is disabled due to operation
of the animetube.com notice and takedown procedure described above,
and you believe the takedown was improper, you must submit a Counter-notification.
Writing a Counter-notification
To Write a Proper Counter-notification, please provide
the following information:
1. State that access to your website was disabled due
to operation of the notice and takedown procedure.
2. Identify the material that has been removed and designate
its URL prior to removal.
3. State, under penalty of perjury:
* Your name, address, and telephone number,
* That you "have a good faith belief that the material was removed
or disabled as result of mistake or misidentification of the material,"
* That you "consent to the jurisdiction of the Federal District
Court for the judicial district in which the address is located."
Sending the Counter-notification
To exercise your DMCA rights, you must send your Counter-notification
to the "Designated Agent" for animetube.com, whose contact
information is:
Email: dmca@animetube.com
Repeat Infringers
If a customer is violating the Company's DMCA Policy
or any of the Terms & Conditions, they will be subject to immediate
termination. Furthermore, repeat infringers will not be tolerated.
Accommodation of Standard Technical Measures
It is animetube.com's policy to accommodate and not
interfere with standard technical measures it determines are reasonable
under the circumstances, i.e., technical measures that are used by copyright
owners to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
animetube.com has discretion to handle non-compliant
notices in whatever manner appears to be reasonable given the circumstances
presented.
Submission of Misleading Information
The submission of misleading information of any sort
in a notification or counter-notification submitted to animetube.com
voids any claim of right made by the submitting party.