If you believe that content available by means of the Website (as defined in our
Terms of Service) infringes one or more of your
copyrights, please notify us by providing a written notice ("Infringement
Notice") containing the information described below to the designated agent
listed below. If Tinyblu takes action in response to an Infringement Notice, it
will make a good faith attempt to contact the party that made such content
available by means of the most recent email address, if any, provided by such
party to Tinyblu.
Your Infringement Notice may be forwarded to the party that made the content
available or to third parties such as ChillingEffects.org.
Please be advised that you will be liable for damages (including costs and
attorneys' fees) if you materially misrepresent that a product or activity is
infringing your copyrights. Thus, if you are not sure content located on or
linked-to by the Website infringes your copyright, you should consider first
contacting an attorney.
To file a notice, please email our designated agent:
DMCA Designated Agent
email: dmca@tinyblu.com
You must include the following:
-
A physical or electronic signature of the copyright owner or a person
authorized to act on their behalf;
-
An identification of the copyright claimed to have been infringed;
-
A description of the nature and exact location of the content that you claim
to infringe your copyright, in sufficient detail to permit Tinyblu to find
and positively identify that content; for example we require a link to the
specific page that contains the content and a description of which specific
portion of the page your complaint refers to;
-
Your name, address, telephone number and email address; and
-
A statement by you: (a) that you believe in good faith that the use of the
content that you claim to infringe your copyright is not authorized by law,
or by the copyright owner or such owner's agent; (b) that all of the
information contained in your Infringement Notice is accurate, and (c) under
penalty of perjury, that you are either the copyright owner or a person
authorized to act on their behalf.
If an Infringement Notice is valid, we are required by law to respond to it by
disabling access to the allegedly infringing content. If you are a tinyblu.com
user and access to your account has been disabled for this reason, we will
notify you. You then have the option to send us a written counter-notice (a
Counter-Notice) stating why your content does not infringe copyrights and asking
for access to be reinstated. Counter-Notices need to be sent to our designated
agent set forth above and must include the following:
-
Your name, address, phone number and physical or electronic signature;
-
A statement that you consent to the jurisdiction of the U.S. Federal
District Court for the judicial district in which you are located (or if you
are outside the U.S., the U.S. Federal District Court for the District of
Massachusetts), and that you will accept service of process from the person
who originally provided us with the Infringement Notice (the "Copyright
Holder");
-
Identification of the allegedly infringing content and its location before
removal or disabling of access; and
-
A statement under penalty of perjury that you believe in good faith that the
content was removed by mistake or misidentification.