Famecast DMCA Policy

Updated June 1, 2020

INTRODUCTION

Famecast Media, Inc. (“Famecast”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf and specifically in accordance with 17USC§512(c)(3), Famecast will respond expeditiously to claims of copyright infringement committed using the Famecast Platform and/or any Famecast website (the “Site”) if such claims are reported to Famecast’s Designated Copyright Agent identified below.

Famecast does not control content hosted on third party websites and cannot remove content from sites it does not own or control. If You are the copyright owner of content hosted on a third party site, and You have not authorized the use of Your content, please contact the administrator of that website directly to have the content removed.

DMCA NOTICE OF ALLEGED INFRINGEMENT

If You are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Famecast’s Designated Copyright Agent. Upon receipt of the Notice, Famecast will take whatever action in its sole discretion it deems appropriate, including removal of the challenged content from the Site. Please note that if You fail to comply with all requirements of this section and of 17USC§512(c)(3), Your DMCA notice may not be valid.

YOUR NOTICE MUST CONTAIN THE FOLLOWING:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly infringed).
  • Identification of the allegedly infringing material and information reasonably sufficient to permit Famecast to locate the material on our site (please give us a direct link to the allegedly infringing material in addition to a description of it — a link to a profile page is not sufficient for us to identify infringing materials).
  • Your contact information, including your name, address, phone number, and email address.
  • A statement that You have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • Deliver this Notice, with all items completed, to Famecast’s Copyright Agent:

Copyright Agent
Famecast Media, Inc.
122a E. Foothill Blvd., #265
Arcadia, CA 91006
copyright@famecast.net

Telephone: +1 (888) 511-6681 – Please reference “Famecast.net” and “DMCA” when leaving a message

Please be advised that Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

COUNTERNOTICE

If You believe that Your content that was removed (or to which access was disabled) is not infringing, or that You have authorization from the copyright holder, the holder’s agent, or pursuant to law, to post and use the material in Your content, You may send a Counter-Notice to Famecast’s Copyright Agent.

YOUR COUNTER NOTICE MUST CONTAIN THE FOLLOWING:

  • 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 disabled;
  • A statement, under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  • Your name, address and telephone number;
  • A statement that You consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Famecast may be found and that you will accept service of process from the person who submitted the Notice.
  • Your physical or electronic signature.

POLICY REGARDING REPEAT INFRINGERS

Famecast does not condone or tolerate copyright infringement or any violation of the intellectual property rights of Famecast or of others. Famecast reserves the right to terminate the access and/or use privileges of any person who has been determined to be a ‘repeat infringer’ of the copyrights of Famecast or others. Famecast reserves the right to define the criteria by which it determines that a person is a ‘repeat infringer.’ In the event that ‘repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, Famecast will adopt that definition as a minimum standard. Without limiting Famecast’s right to define ‘repeat infringer,’ as a general rule, Famecast will define a ‘repeat infringer’ as any person or entity about whom Famecast has received two or more DMCA Notices of Alleged Infringement. Famecast will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.

REGARDLESS OF WHETHER FAMECAST TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, FAMECAST IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL FAMECAST INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY FAMECAST WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

CONTACT

Famecast welcomes questions, concerns, and feedback about this policy. If you have suggestions for us, feel free to let us know at copyright@famecast.net .

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