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Website Abuse

Intellectual Property Infringement Notification

 

Daily Mom’s policy is to respond promptly to notification of alleged online intellectual property infringement.   Please use the following procedures to notify us of a claimed infringement.

Our response to your submitted infringement notification may include removing or disabling access to material proven to be the subject of infringing activity, and/or terminating the offending user.  If we remove or disable access in response to your claim, a copy of your notice will be forwarded to the submitter of the allegedly infringing material, so that they may submit a Counter-Notification if the situation warrants.

When notifying us of your claim of infringement, you must provide written notice in the form as specified below. Please note that you will be liable for any and all damages, including costs and attorneys’ fees, if you misrepresent that your copyright has been infringed upon.  If you are not certain that the online material infringes upon your copyright, we suggest that you first contact an attorney.

COPYRIGHT INFRINGEMENTS

Copyright Infringement “Notice and Takedown” Pursuant to the DMCA

1.      Identify in sufficient detail the copyrighted work you believe has been infringed upon.

2.      Identify the alleged infringing material listed in item 1 above.

3.      List the URL(s) where the alleged infringement occurs.

4.      Provide information reasonably sufficient to permit Daily Mom to contact you, including your email address.

5.      Provide information sufficient to permit Daily Mom to notify the owner/administrator of the allegedly infringing webpage or other content, including your name, address, telephone number and email address.

6.      Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent or the law.”

7.      Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

8.      Sign and date the statement.

9.      Email the written communication to abuse@dailymom.com. URL(s) must be included in the body of the email, in addition to your notice attached as a .pdf document.

For any additional questions regarding this process, please email abuse@dailymom.com.

TRADEMARK INFRINGEMENTS

If you feel that your trademark has been infringed upon, please submit notice to us in the following format:

Trademark Infringement “Notice and Takedown”

1.       Identify in sufficient detail the trademark you believe has been infringed upon.

2.      Identify the alleged infringing material listed in item 1 above, including Registration number, Serial number and class.

3.      List the URL where the alleged infringement occurs.

4.      Provide information reasonably sufficient to permit Daily Mom to contact you, including your email address.

5.      Provide information sufficient to permit Daily Mom to notify the owner/administrator of the allegedly infringing webpage or other content, including your name, address, telephone number and email address.

6.      Include the following statement: “I have a good faith belief that use of the trademark described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent or the law.”

7.      Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

8.      Sign and date the statement.

9.      Email the written communication to abuse@dailymom.com. The URL must be included in the body of the email, in addition to your notice attached as a .pdf document.

Counter Notification by the Poster of the Allegedly Infringing Material

You may make a counter notification if allegedly infringing material originally posted by you has been removed. When we receive a counter notification, we will investigate your claim and may reinstate allegedly infringing material.

To file a counter notification with us, you must provide a written communication by email to abuse@dailymom.com which sets forth the items specified below.  Please note that you will be liable for any and all damages, including costs and attorneys’ fees, if you misrepresent that you are legally permitted to post the copyrighted item.  If you are not certain if you have the right to the material, we suggest that you first contact an attorney.

Form of Counter Notification pursuant to the DMCA

1.      Identify the specific URL(s) or other unique identifying information of material that Daily Mom has removed or to which Daily Mom has disabled access.

2.      Provide information reasonably sufficient to permit Daily Mom to contact you, including your name, address, telephone number and email address.

3.      Include the following statement: “I hereby consent to the jurisdiction of Federal District Court for the judicial district in [LIST COUNTY AND STATE OF RESIDENCE] [or Collier County, Florida, if your address is outside of the United States].  I will accept service of process from the person, entity or an agent of such person or entity who provided notification of alleged copyright infringement to Daily Mom.”

4.      Include one of the following statements, whichever is correct:

a.      “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of an error or misidentification of the material to be removed or disabled.”; or

b.      “I swear, under penalty of perjury, that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”

5.      Sign the paper.

6.      Email the written communication to abuse@dailymom.com.

Note:  Account Termination

If warranted, Daily Mom will terminate the accounts of repeat infringers. If you believe that an user or subscriber is a repeat infringer, please follow the instructions above to provide sufficient information so that we may verify that alleged infringer is a repeat infringer.

For any additional questions regarding this process, please email abuse@dailymom.com.

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