Digital Domains LTD DMCA Repeat Infringer Policy
Updated as of January 1, 2018
Although not bound by U.S. law or jurisdiction, the operators of https://www.UnderscoregReview.com (the “Site”) make a voluntary effort to adhere to the Digital Millennium Copyright Act (“DMCA”) as a service to copyright owners.
Even though Digital Domains LTD is not based in the U.S. and not required to comply with U.S. law, the company has chosen to adhere to the DMCA voluntarily in order to benefit from “safe harbor” protection. This means that the company would be protected from liability for copyright infringement by its users. Digital Domains LTD keeps a record of DMCA Notices from copyright holders, known as the “DMCA Log,” and makes a genuine effort to identify and address any users who may be repeatedly infringing on copyright.
In accordance with 17 U.S.C. § 512(i), the Site has implemented the following Repeat Infringer Policy (“Policy”) for dealing with individuals who repeatedly infringe on copyright laws.
1. Users who engage in “repeat infringement” may have all accounts associated with the repeat infringer terminated and all content uploaded by the user deleted, as outlined in this policy.
2. “Repeat infringement” is when there are more than three (3) separate Final Infringement Notifications from any source within a year.
A “Final Infringement Notification” is a valid DMCA Notice received by the Site’s Designated Agent, identifying infringing files or material that have been removed or disabled as a result, or leading to a Final Judgment of copyright infringement against the user responsible for the content after a counter-notification and lawsuit. Multiple notifications of infringement will be considered a single Notification for calculating “repeat infringement.” Notifications that result in a counter-notification without a subsequent judgment of infringement will not be considered a “Final Infringement Notification” under this Policy.
4. A valid DMCA Notice must be a notification sent to the Site’s Designated Agent through the contact information provided in the Site’s Notice and Takedown Policy, meeting the requirements outlined in 17 U.S.C. § 512(c)(3).
“Separate” is defined as an individual written communication sent on a different day than any other infringement notification included in the repeat infringement calculation.
6. If a user’s account is terminated under this policy, they have the option to appeal informally and provide reasons why their account should not be terminated. The Site may choose to not terminate the account if satisfied with the good cause shown, but reserves the right to do so in accordance with this Policy and the terms of service. The resolution of any informal appeal will be based on uniform standards and criteria.
7. If the Site receives more than six (6) Final Infringement Notices from a single copyright holder within a single year, termination of the user’s account may not be appealed and will typically be canceled without further notice.
8. This Policy supersedes any prior Repeat Infringer Policy, and is subject to revision or amendment at any time in the discretion of the Site or based on changes in the law or other circumstances impacting this Policy. A copy of this Policy is available to users upon request.