Your Launch Documents

DMCA Policy

Last Updated: February 2, 2017

1. CONSENT

"WHAT THIS MEANS"

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials appearing on this site, www.darkmatterplatform.com  (the “Site”) infringe your copyright, you (or your agent) may send Made Daily, LLC (“DarkMatter”, “We”, “Our”, “Us”), via its Copyright Agent, a written notice (by email or regular mail) that sets out the information specified in the list below (“DMCA Notice”).  Please note that if you materially misrepresent that online materials, products, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury.  We suggest that you consult your legal advisor before filing a DMCA Notice or Counter-Notice.

All DMCA Notices must include:

1.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.     Identification of 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;

3.     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 DarkMatter to locate the material. Provide direct URLs to the content/image(s) being referenced;

4.     Information reasonably sufficient to permit DarkMatter to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5.     A statement that the complaining party 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

6.     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.

Notices and Counter-Notices must meet statutory requirements imposed by the DMCA. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.copyright.gov.

2. COUNTER NOTIFICATION

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us, via our Copyright Agent, counter notification pursuant to sections 512(g)(2) and (3)of the U.S. Copyright Act (“Counter-Notice”).

To file a Counter-Notice with us, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. We suggest that you consult your legal advisor before filing a DMCA Notice or Counter-Notice.

All Counter-Notices must include:

1.     A physical or electronic signature of a person authorized to act on behalf of the party filing the Counter-Notice;

2.     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; 

3.     Information reasonably sufficient to permit DarkMatter to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;;

4.     The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";

5.     The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent"; and

6.     The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled".

Notices and Counter-Notices must meet statutory requirements imposed by the DMCA. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.copyright.gov.

3. DESIGNATED AGENT

We collect and use information to make our services safer and better for our users. We also collect and use information in order to contact our users and in order to comply with the laws applicable to us.

In accordance with the DMCA, DarkMatter has designated an agent to receive notification of alleged copyright infringement (“Copyright Agent”).  Any written DMCA Notice or Counter-Notice should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our Copyright Agent as follows:

Made Daily, LLC

Attention: Copyright Agent

e-mail: copyright@darkmatterplatform.com

4. INFRINGEMENT ACTIONS

In the event that DarkMatter receives notice regarding a copyright infringement related to your User Account or User Website, it may cancel your User Account, take your User Website down or remove any Content in its sole discretion, with or without prior notice to you.  In addition, and in accordance with Section 512(i)(1)(a) of the DMCA, DarkMatter will, in appropriate circumstances, disable or terminate the User Websites or User Accounts of Users who are repeat infringers.  DarkMatter reserves the right to notify the person or entity providing the DMCA Notice of such Counter-Notice and provide any details included therein.