DMCA Notice & Takedown Policy and Procedures
Although UnderscoregReview.com is not based in the United States, we acknowledge and respect the intellectual property rights of U.S. copyright holders. As a result, we have chosen to voluntarily adhere to the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”). This Site falls under the category of a “Service Provider” as defined by 17 U.S.C. § 512(k)(1) of the DMCA, entitling it to certain protections under the “safe harbor” provisions. We uphold the intellectual property rights of others and expect our users to do the same. Therefore, we follow and comply with the DMCA and have implemented a Notice and Takedown Policy for addressing claims of copyright infringement by our customers, subscribers, or users.
Notice of Claimed Infringement
If you suspect that your work has been copied in a manner that violates copyright law, please furnish Our Designated Copyright Agent (as specified below) with the following details:
The signature of the person authorized to act on behalf of the copyright or intellectual property owner, whether electronic or physical.
(b) Please provide a detailed description of the copyrighted work or other intellectual property that you believe has been infringed.
(c) Please provide a description of where the material you claim is infringing is located on the SITE, including specific URLs associated with the material, if possible.
(d) your contact information including address, telephone number, and email address.
(e) a declaration asserting that you genuinely believe the contested use is not authorized by the copyright owner, its agent, or the law.
(f) You declare, under penalty of perjury, that the information provided in your Notice is true and accurate, and that you are the rightful copyright or intellectual property owner, or are authorized to act on behalf of the copyright or intellectual property owner.
Please send your Notice of Claimed Infringement to:
Euan HutcheonBeauport HouseL’Avenue De La CommuneSt Peter, JerseyJE3 7BYEmail: [email protected]
Please do not send other inquires or information to our Designated Agent. Our Designated Agent is only authorized to receive DMCA Notices, and does not serve as a general agent or representative for any other purpose, absent express authorization from Us.–
For more details on notification and takedown requirements, please refer to the DMCA at the following link: https://www.law.cornell.edu/uscode/text/17/512.
Take Down Procedure
Upon receiving a notification of claimed copyright infringement, the SITE will follow a “notification and takedown” procedure. The SITE may disable access to any Materials believed to be infringing or showing signs of infringing activity. As a provider of information location tools, disabling access typically involves removing links to allegedly infringing content on third-party websites. The SITE has a strict policy of terminating accounts of repeat copyright infringers when necessary, and will promptly disable access to any infringing material in accordance with the procedure outlined in 17 U.S.C. §512. Details of the SITE’s DMCA Notice Procedures can be found in the previous paragraph.
If the notice does not meet the requirements of §512 of the DMCA but does fulfill three criteria for identifying infringing sites as outlined in the same section, the SITE will make efforts to contact the complaining party to assist them in meeting the notice criteria. Upon receipt of a valid notice, the Designated Agent will promptly disable access to the infringing material and attempt to inform the user responsible for its posting. The affected user can then send a counter-notification to the Designated Agent, affirming under penalty of perjury that they believe in good faith that the material was removed due to a misidentification. The Designated Agent will restore access to the material within ten to fourteen (10-14) days of receiving the counter-notification, unless notified of a court action seeking an injunction by the complaining party.
Third Party Notification of Infringement:
Because the SITE only links to third party websites, it may be difficult to identify and notify the specific user responsible for infringing content. If the SITE cannot locate the user, it may notify the operator of the third party website instead. If the infringing content is related to the indexed site itself, the SITE will notify the operator of the indexed site. The SITE has the right to update this Policy, so users should check regularly for any changes.
DMCA Counter-Notification Procedure
If you receive a Notice of Claimed Infringement and believe it is incorrect or that material has been wrongly removed or access disabled, you have the right to submit a counter-notification in accordance with the procedures outlined in Sections 512(g)(2-3) of the DMCA. This is the appropriate way to dispute the removal or disabling of material. It is important that the information provided in the counter-notification is accurate and truthful to avoid any potential liability for misrepresentations that could result in claims against the SITE.
In order to submit a counter-notification, please provide Our Designated Copyright agent with the following information:
(a) a detailed explanation of the content that was removed or disabled in response to the notice.
(b) a detailed account of the material’s previous location on the SITE prior to its removal or disabling, including specific URLs linked to the material.
The Recipient believes that the removal or disabling of access to the material was done erroneously.
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”–
Recipient’s physical address, telephone number, and email address.
(e) The Recipient agrees to submit to the jurisdiction of the Federal District Court in the judicial district where the Recipient is located, or if located outside of the United States, in any judicial district where the service provider may be found. The Recipient also agrees to accept service of process from the person who provided the Notice, or that person’s agent.
The above information must be signed and included in a written notification that is to be sent to:
Euan HutcheonBeauport HouseL’Avenue De La CommuneSt Peter, JerseyJE3 7BYEmail: [email protected]
Please do not send other inquires or information to our Designated Agent.–
Upon receipt of a DMCA-compliant counter-notification, Our Designated Copyright Agent will send it to Us for review. We will then forward the counter-notification to the claimant who initially submitted the original Notice identifying the allegedly infringing content. If no legal action is taken by the original claimant within ten to fourteen (10-14) days of receiving the counter-notification, access to the disputed material will be restored.
Abuse Notification:
Misusing the DMCA Notice process or providing false information in a DMCA Notice or Counter-notification can lead to legal consequences, including damages, court costs, and attorney fees under U.S. federal law (see: 17 U.S.C. § 512(f)). These procedures specifically address claims of copyright infringement by copyright holders and their representatives, and do not cover other types of abuse, infringement, or legal issues. We will take action against anyone found to be abusing the DMCA notification or counter-notification process. Make sure you meet all legal requirements before submitting a DMCA Notice to our Designated Agent.
Modifications to Policy
The SITE may update, change, or add to this policy at any time. It is recommended that all individuals impacted by this policy regularly review it to stay informed of any modifications.
No Waiver
This Notice and Takedown Policy does not waive any rights or legal protections held by the SITE. It also does not waive any objections to personal jurisdiction or consent to the application of United States law or legal process, or that of any other foreign country, to the SITE’s operations.
Customer Service Requests
Please note that the DMCA Agent is not associated with the SITE in any other capacity, but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the SITE’s customer service department.