DMCA Copyright Policy
Salian Defense ("Water Hawk") respects the intellectual-property rights of others and expects users of the Water Hawk service (the "Service") to do the same. This policy describes the procedure for submitting a notice of claimed copyright infringement under the U.S. Digital Millennium Copyright Act, 17 U.S.C. Section 512(c) (the "DMCA"), and our procedure for responding to such notices.
This policy is incorporated by reference into the Terms of Service. Material misuse of this procedure (including knowingly false notices) is itself sanctionable under the DMCA and may be a material breach of the Terms.
1. Designated agent
Notices of claimed copyright infringement under the DMCA must be sent to the following designated agent:
- Name: [Designated DMCA Agent placeholder]
- Email: [email protected]
- Postal address: [Salian Defense, legal address placeholder]
- Phone: [phone placeholder]
The designated agent is, or will be, registered with the U.S. Copyright Office as required by 17 U.S.C. Section 512(c)(2). Pending registration, this policy serves as Water Hawk's good-faith identification of the designated agent.
2. Notice requirements
To be effective under 17 U.S.C. Section 512(c)(3), a notice of claimed infringement must be in writing and must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple works are involved, a representative list of those works.
- Identification of the material claimed to be infringing or the subject of infringing activity, with information reasonably sufficient to permit Water Hawk to locate the material on the Service (URL or specific reference).
- Information reasonably sufficient to permit Water Hawk to contact the complainant (mailing address, telephone number, and email).
- A statement that the complainant has a good-faith belief that the use of the material in the manner complained of 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 the complainant is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Notices that do not substantially satisfy these requirements may be rejected without further action.
3. Counter-notice procedure
A user whose material has been removed or disabled in response to a notice of infringement may submit a counter-notice under 17 U.S.C. Section 512(g)(3). A counter-notice must include:
- A physical or electronic signature of the user.
- Identification of the material that has been removed or disabled and the location at which it appeared before removal or disabling.
- A statement under penalty of perjury that the user has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
- The user's name, address, telephone number, and a statement that the user consents to the jurisdiction of the U.S. District Court for the judicial district in which the address is located, or, if the address is outside the United States, of the [U.S. District Court for the District of Delaware], and that the user will accept service of process from the complainant.
Counter-notices may be sent to the designated agent identified in Section 1.
4. Repeat-infringer policy
Water Hawk maintains a policy of suspending and, in appropriate circumstances, terminating the access of users determined to be repeat infringers. A user who is the subject of two or more confirmed notices of infringement within a rolling twelve-month period is subject to suspension; a user who is the subject of three or more confirmed notices within the same window is subject to termination, in each case at Water Hawk's discretion and consistent with Terms Section 10.
5. Knowing material misrepresentation
Under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, is liable for any damages, including costs and attorneys' fees, incurred by Water Hawk or by the affected user as a result of the misrepresentation.
6. No legal advice
Nothing in this policy is legal advice to Customer. Customer should consult its own counsel regarding the DMCA and any other intellectual-property law that may apply to Customer's use of the Service.