At New Island Studios, Inc., we respect the copyright rights of others and have adopted the following procedure regarding the removal of allegedly infringing materials from our website ("Website") and/or that appear via our applications ("Apps"), consistent with the removal notification and counter-notification provisions of the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
The DMCA provides a process for an owner of copyrighted material to notify an online service provider of alleged copyright infringement. Upon receipt of a valid DMCA removal notification (described below), we will remove or disable access to the allegedly infringing content and take reasonable steps to contact the party that originally posted that content to allow it to file a counter-notification that indicates that it had the right to post the content. Upon receipt of a valid counter-notification (also described below), we may restore the content in question, unless we receive timely notice from the party that requested removal that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
By submitting either a removal notification or a counter-notification as described herein, the submitting party acknowledges and agrees that we may provide copies of such notices and any information contained therein to the other participants in the dispute or to any other third parties deemed necessary by us. Please note that copyright law provides that any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees.
If you believe someone has posted your copyrighted material on the Website or App and wish to have it removed, please send a removal notification to our designated copyright agent as provided below. To be considered valid, your request for removal must be written and include the following:
1. A statement that you are the owner of the material that has allegedly been infringed, or a statement that you are authorized to act on behalf of the owner of the material that has allegedly been infringed.
2. Your name, address, telephone number and, if available, an email address so that we may contact you.
3. A statement identifying the material that you believe to be infringing and information reasonably sufficient to permit us to locate that material. (If you believe multiple copyrighted works have been infringed, you can submit a single notification with a representative list of the allegedly infringed works.)
4. 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.
5. A statement, under penalty of perjury, that the information in the removal notification is accurate.
6. Your signature. (The signature may be electronic.)
Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification as provided below.
In response to our receipt of a valid removal notice and removal of material, if you believe that the allegedly infringing material is not infringing and want us to restore it on the Website or App, please send a counter-notification to our designated copyright agent as provided below.
To be considered valid, your counter-notification must be written and include the following:
1. Your name, address, telephone number and, if available, an email address so that we may contact you.
2. A statement identifying 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. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.
4. A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, and that you will accept service of process from the person who sent the removal notice or an agent of such person.
5. Your signature. (The signature may be electronic.)
6. Promptly after receipt of a valid counter-notification, we will forward it to the party who submitted the original removal notification. After we send out the counter-notification, the party that submitted the original removal notification must then notify us within 10 business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity. If we receive such notification, we will not restore the material. If we do not receive such notification, we may reinstate the material within 10 to 14 days of receipt of the valid counter-notification.