NHN Global, Inc. (“NHN”) respects the intellectual property rights of others and asks those who use, visit, and/or access the www.smackjeeves.com website (the “Website”) to do the same. NHN generally does not monitor or pre-screen any content posted to, uploaded to, or otherwise made available on or through the Website, but NHN reserves the right to do so in its sole discretion.
1. Notification of Claimed Infringement
- 1.1 If you are a copyright owner (or the agent of a copyright owner) and you in good faith believe any content posted, displayed, or otherwise made available on the Website infringes upon your copyrights (or those of a party you represent), you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act ("DMCA") to NHN by sending an e-mail to our designated registered copyright agent (identified below and registered with the United States Copyright Office). This notice must contain the following information:
- (1) A reasonable identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are alleged to be infringed and are sought to be covered by a single notification, a representative list of such works which are alleged to be infringed;
- (2) Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is desired to be removed or to which access is desired to be disabled, along with information reasonably sufficient to permit NHN to locate this material on the Website;
- (3) Information reasonably sufficient to permit NHN to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- (4) A statement that you have a good faith belief that use of the subject material in the manner complained of is not authorized by the copyright owner, any agent thereof, or the law;
- (5) A statement under the penalty of perjury that the information in the notification is accurate and that the you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- (6) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed.
- 1.2 You may wish to consult an attorney before filing a Notification of Claimed Infringement. False or bad faith Notifications of Claimed Infringement may subject you to liability for damages. Section 512(f) of the Copyright Act provides that any person who knowingly, in bad faith, and/or materially misrepresents that material is infringing may be subject to liability.
2. Counter Notifications of Claimed Infringement
- 2.1 If you believe that any content you posted or otherwise made available on or through the Website was removed in error by NHN as a result of a Notification of Claimed Infringement, you may send a Counter Notification to our designated copyright agent at the e-mail address provided below. Said Counter Notification must contain the following information:
- (1) Your physical or electronic signature;
- (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Website before it was removed or access to it was disabled
- (3) 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 to be removed or disabled; and
- (4) Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or, if the your address is outside of the United States, for the jurisdiction of the Federal District Court of the Central District of California, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person.
- 2.2 If we receive a Counter Notification from you, we may forward it to the party who submitted the corresponding Notification of Claimed Infringement. The Counter Notification we forward will include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having any information contained therein disclosed in this way. We will not forward a Counter Notification to any party other than the copyright claimant or their representative unless required or expressly permitted to do so by law or court order.
- 2.3 After we send out the Counter Notification to the copyright claimant, the copyright claimant or its representative must respond to NHN within 10 business days stating that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Website.
- 2.4 It is suggested that you speak with an attorney before filing a Counter Notification of Claimed Infringement. You may be liable for damages if you make a false claim or bad faith claim in your Counter Notification of Claimed Infringement. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents or states in bad faith that material was removed or disabled by mistake or misidentification may be subject to liability.
- 2.5 Please note that, depending on the circumstances, including, but not limited to a lack of contact information, NHN may not be able to contact you if we receive a Notification of Claimed Infringement about material you posted to the Website. We reserve the right to permanently remove any content from any part of Website in our sole discretion.
3. Termination of Accounts
It is NHN’s policy, in what we deem to be appropriate circumstances, to, in our sole discretion, disable and/or terminate Website accounts and/or access of users to the Website who repeatedly infringe the copyrights or other intellectual property rights of any party or of NHN.
4. Designated Copyright Agent Contact Information
All Notifications of Claimed Infringement or Counter Notifications of Claimed Infringement should be sent to the Website’s registered DMCA Agent, located at the following:
NHN Global, Inc.
3530 Wilshire Boulevard #1600
Los Angeles, CA 90010