DMCA Policy

Overview

Proluminary LLC respects intellectual property rights and expects members of the Dinkredibles community to do the same. We respond to valid notices of copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (DMCA).

This policy describes the procedures for reporting claimed copyright infringement and for contesting a removal you believe was made in error.

Reporting Copyright Infringement

If you are a copyright owner (or authorized to act on behalf of one) and you believe that content on dinkredibles.com or in the Dinkredibles private community infringes your copyright, you may submit a written takedown notice to our designated agent. To be effective under the DMCA, your notice must include all of the following (17 U.S.C. § 512(c)(3)):

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notice, a representative list is sufficient.
• Identification of the material claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (for example, a URL or a description of where the content appears within the forum).
• Your contact information: name, mailing address, telephone number, and email address.
• A statement that you have a good-faith belief that 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 notification is accurate, and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Knowingly submitting a false DMCA notice may expose you to liability under 17 U.S.C. § 512(f).

Our Response to a Valid Notice

Upon receipt of a complete and valid takedown notice, Proluminary LLC will:

• Promptly remove or disable access to the claimed infringing material.
• Notify the member who posted the material that the content has been removed.
• Provide that member with a copy of the notice (with your contact information, as required by statute).

Counter-Notice Procedure

If you believe content you posted was removed as a result of a mistake or misidentification, you may submit a written counter-notice to our designated agent. To be effective, your counter-notice must include all of the following (17 U.S.C. § 512(g)(3)):

• Your physical or electronic signature.
• Identification of the material that was removed or to which access was disabled, and the location at which it appeared before removal.
• 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.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, to the jurisdiction of any federal judicial district in which Proluminary LLC may be found), and that you will accept service of process from the person who provided the original notice.

Upon receipt of a valid counter-notice, Proluminary LLC will forward it to the original complainant. If the complainant does not notify us within ten (10) business days that they have filed a court action seeking to restrain the alleged infringing activity, we may restore the removed material at our discretion.

Knowingly submitting a false counter-notice may expose you to liability under 17 U.S.C. § 512(f).

Repeat Infringer Policy

In appropriate circumstances, Proluminary LLC will terminate the membership of users who are determined to be repeat infringers of third-party copyright.

Designated Agent

Send all DMCA notices and counter-notices to:

DMCA Agent
Proluminary LLC
[Address pending]
[email protected]

Questions

For questions about this policy, contact [email protected].