Digital Millennium Copyright Act Notification Guidelines
It is our
policy to respond to clear notices of claimed copyright infringement that fully
comply with the Digital Millennium Copyright Act. In addition, we will promptly
terminate without notice the accounts of those determined by us to be “repeat
infringers”.
Please note
that under 17 U.S.C. Section 512(f), any person who knowingly materially
misrepresents that material or activity is infringing, or that material or
activity was removed or disabled by mistake or misidentification, may be
subject to liability. Shadow Flips may, at its discretion, share a copy of your
notification or counter-notification with third parties (this may include
sharing the information with the account holder engaged in the allegedly
infringing activity or for publication).
Notification of
Infringement
If you are a copyright owner or an agent thereof, and you
believe that any material content hosted on our websites infringes your
copyrights, then you may submit a written notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) by providing Shadow Flips’s Designated
Copyright Agent with the following information in writing:
- 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.
- 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 Shadow Flips to locate the material. Providing a link
to the broadcaster’s feed and the timestamp of the particular segment of
the feed at which you believe there has been an infringement is the best
way to help us locate content quickly.
- Include 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 the law.
- The information in the notification is accurate, and a
statement under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
(For example, “The information in this
notification is accurate, and under penalty of perjury, I am the owner, or
an agent authorized to act on behalf of the owner, of an exclusive right
that is allegedly infringed.”)
- Information reasonably sufficient to permit Shadow Flips
to contact you, such as an address, telephone number, and, if available,
an email address at which you may be contacted.
- A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed (typing your full legal name is sufficient).
If you fail to
comply with all of the requirements of the DMCA for notifications, we may not
act on your communication.
Counter-Notification
If you
elect to send us a counter notification, to be effective it must be a written
communication that includes all of the following:
- 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.
- Include a statement that:
- You consent to the jurisdiction of
Federal District Court for the judicial district in which your address is
located, or if your address is outside of the United States, the judicial
district in which Shadow Flips is located, and will accept service of
process from the claimant. (For example, “I
consent to the jurisdiction of the Federal District Court for the
district in which my address is located, or if my address is outside of
the United States, the judicial district in which Shadow Flips is
located, and will accept service of process from the claimant.”
- You swear, under penalty of perjury,
that you have 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. (For example, “I
swear, under penalty of perjury, that I have a good faith belief that the
material was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled.”
- Your full legal name, email address, physical address,
and telephone number.
- Your physical or electronic signature (typing your full
legal name is sufficient).
If you fail to
comply with all of the requirements of the DMCA for counter-notifications, we
may not act on your communication.
Retractions
Shadow
Flips honors retractions of claimed copyright infringement notices from the
party that originally submitted them, to the extent possible. If you are
affected by a notice, you can reach out to the claimant directly to seek a
retraction. Please note, however, that Shadow Flips may not be able to
reinstate certain content.
If you wish
to retract your claimed copyright infringement notice, please email shadowflipbot@gmail.com from
the same email address as your original notification. Note that we cannot
process retractions that are sent from a different email address. Your
retraction must include the following:
- Clearly identify the material you wish to retract,
include a specific URL
- The date of your original notification and the Claim ID,
if applicable
- An electronic or physical signature (typing your full legal name will do)
Designated Copyright Agent
Shadow Flips’
Designated Copyright Agent to receive notifications and counter-notifications
of claimed infringement can be reached as follows:
Email: dmca@Shadow Flips.tv
Phone: (914)
440-0390
Repeat
Infringer Policy
Shadow
Flips will promptly terminate any user’s access to the Shadow Flips Service if
that user is determined by Shadow Flips to be a “repeat infringer” of
copyrighted works. Shadow Flips may, at its sole discretion, limit access to
the Shadow Flips Service and/or terminate the accounts of any users who
infringe any intellectual property rights of others, whether or not there is
any repeat infringement.