Updated June 14, 2011
1. Copyright Infringement Notification. Pursuant to 17 U.S.C. §512(c)(2), all notifications of claimed copyright infringement on Digital Throttle’s Video Player should be sent to our Designated Agent. Digital Throttle has provided the following information for the exclusive purpose of notifying Digital Throttle that you allege an infringement of your copyright. Please do not send other inquiries or notices to this contact, as you will not receive a response to such inquiries or notices that are not related to copyright infringement.
Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys’ fees. Such attorneys’ fees may include those incurred by parties who are injured by Digital Throttle’s reliance on such misrepresentation(s), such as: (a) the copyright owner, (b) the copyright owner’s licensee(s),(c) our Network website(s) and/or (d) Digital Throttle.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel, or refer to 17 U.S.C.§512(c)(3) (Section 512(c)(3) of the Digital Millennium Copyright Act) to confirm these requirements:
1a. The electronic or physical signature of the owner, or of the person authorized to act on behalf of the owner, of the copyright interest that is allegedly infringed.
1b. Identification of the copyrighted work(s) that you claim has been infringed (if multiple copyrighted works on the Digital Throttle Video Player are covered by a single notification, a representative list of such works on the Digital Throttle Video Player).
1c. A description of the material that you claim is infringing, or material that is claimed to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the copyrighted work exists (e.g. a URL of a website where the material is lawfully posted, provided in the body of an email would be the most effective way of helping Digital Throttle locate the material).
1d. A clear description of where the infringing material is located on our website, including its URL, so that Digital Throttle can locate the material.
1e. Your address, telephone number, and email address, so that Digital Throttle may contact you regarding the notification.
1f. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
1g. A statement made by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please note that the information you provide in this legal notice may be forwarded to the person who provided the allegedly infringing content to Digital Throttle, and that the claimant’s information may be published on the Digital Throttle site in place of disabled content.
2. Digital Throttle’s Designated Agent. Please submit the foregoing notice, in writing, to the following Designated Agent:
Digital Throttle Inc.
c/o Copyright Agent/Bryan Robb
28562 Oso Parkway, D446
Rancho Santa Margarita, CA 92688
Telephone: (949) 713-0944
Fax: (959) 544-0465
3. Counter-Notification. When Digital Throttle receives notification of alleged copyright infringement, Digital Throttle will remove or disable access to the work/material that is the subject of the notification, and will notify you of the removal or disabled access. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may elect to send a counter-notice to Digital Throttle’s Designated Agent. Digital Throttle has provided the following information for the exclusive purpose of notifying Digital Throttle that you dispute a claim of infringement of another’s copyright.
Please be advised that only those parties having an active Licensee Agreement with Digital Throttle may submit a counter-notification. DO NOT SUBMIT a counter-notification if you do not have a Licensee Agreement with Digital Throttle. 17 U.S.C.§512(f) imposes liability on any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification, for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by Digital Throttle, who is injured by such misrepresentation, as a result of reliance on such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
To submit a counter-notification with Digital Throttle, you must submit a writing that includes the following (please consult 17 U.S.C. §512(g) to confirm these requirements):
3a. 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 (e.g. the specific URL for the material formerly on the Digital Throttle Video Player).
3b. The statement: “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.”
3c. The statement: “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 the United States, the judicial district in which Digital Throttle is located, and will accept service of process from the claimant or claimant’s agent.”
3d. Your name, address, telephone number, and email address, and the date of your Digital Throttle License Agreement.
3e. A physical or valid electronic signature.
If you are a subscriber not within the United States, and are responding to a valid international claim not brought under §512(c) of the Digital Millennium Copyright Act, you may submit your counter-notification under the above process, or alternatively, with an international counter-notification. You should understand that filing a counter-notification may lead to legal proceedings between you and the complaining party. There may be adverse legal consequences in your country if you make false or bad faith allegations through this process. If you are unsure whether material infringes the copyrights of other, please first contact a lawyer before proceeding. An international counter-notification must include the following:
3a.1 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 (e.g. the specific URL for the material formerly on the Digital Throttle Video Player).
3b.1 The statement: “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.”
3c.1 The statement: “I will accept service of process from the person who provided Digital Throttle with the original copyright complaint, or an authorized agent of such person.”
3d.1 Your name, address, telephone number, and email address, and the date of your Digital Throttle License Agreement.
3e.1 A physical or valid electronic signature.
Digital Throttle can only accept a counter-notification directly from the user a Licensor from whom the allegedly infringing content has been removed or has had its access disabled. For Digital Throttle’s verification purposes, counter-notifications should be submitted from the email address associated with the account.
4. Restoration of Content. Once Digital Throttle receives a counter-notification, Digital Throttle will forward a copy of the counter-notification to the party who submitted the original claim of copyright infringement. Please be advised that when Digital Throttle forwards the counter-notification, it will include your personal information. By submitting a counter-notification to Digital Throttle, you consent to having your information revealed in this way. Digital Throttle will not forward your counter-notification to any party other than the original claimant.
Additionally, once a counter-notification is sent by Digital Throttle to the party who submitted the original claim of copyright infringement, Digital Throttle may replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days, unless the original claimant provides notice to the Designated Agent within ten (10) business days upon receipt of the counter-notification, indicating that the claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Digital Throttle’s Video Player. Without such notice, Digital Throttle may then reinstate the material on its website at its sole discretion.
5. Termination Policy. Please be advised that Digital Throttle has adopted, and enforces a policy of termination in appropriate circumstances of Licensors who are repeat infringers.
6. Disclaimer. Please be advised that any notification of copyright infringement, or counter-notification, under this Copyright Policy may be deemed invalid if you fail to comply with Digital Throttle’s Terms and Conditions of Use Policy, the most recent copy of which may be found at http://www.digitalthrottle.tv/siteagreement. Again, please be advised that under 17 U.S.C. §512(f) any person who knowingly materially misrepresents that material is infringing, or who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages. If you are unsure whether materials on the Digital Throttle Video Player infringe upon the copyrights of others, please consult a lawyer before proceeding with any notice to Digital Throttle.