Policy on Copyright Issues

 

Effective Date: August 15, 2012
BabyCapybara LLC COPYRIGHT ISSUES POLICY

In alignment with DMCA regulations, we have established the following protocol for handling copyright infringements. We reserve the right to (1) limit access to or remove content that we genuinely believe is copyrighted material unlawfully duplicated and circulated by any of our advertisers, partners, content providers, members, or users and (2) terminate service to repeated infringers.

Please note that the use of BabyCapybara services is always governed by the Terms of Use, which includes this Copyright Issues Policy. Terms not elucidated in this document have the definitions provided in the Terms of Use.

(1) Procedure for Reporting Copyright Infringements. If it’s suspected that content or material existing on or accessible through our Services infringes your copyright (or the copyright of someone you represent), kindly report a copyright violation including the following details to the BabyCapybara Designated Agent for Receiving Notification of Supposed Infringements (our “Designated Agent”—contact details provided below):

(a) A physical or digital signature of a person authorized to act on behalf of the copyright owner believed to be infringed;

(b) Identification of works or materials claimed to be infringed;

(c) Details on the content alleged to be infringing, including information on the location of the infringing content that the copyright owner desires to have removed, described sufficiently for BabyCapybara to find and verify its existence;

(d) Contact information for the notifying party, including address, telephone number, and, if possible, email address;

(e) An assertion that the notifying party has a genuine belief that the content described in (1)(c) isn’t authorized by the owner, agent, or legislation; and

(f) A declaration under penalty of perjury that the provided information is accurate, and the notifier has authority to act on behalf of the copyright proprietor.

(2) Action After Receiving a Valid Infringement Notification by the Designated Agent. Once we receive a valid infringement report, we reserve the right to:

(a) remove or block access to the alleged infringing content;

(b) notify the content provider accused of infringement that access to the corresponding material has been removed or disabled; and

(c) suspend the content provider’s access to the Services if they are frequent infringers.

(3) Procedure to Submit a Counter-Notice to the Designated Agent. Should a content provider believe the removed content (or to which access was disabled) is not infringing, or the content provider claims the right to share and use the content from the copyright owner, the copyright owner’s agent, or legally, a counter-notice including the following information may be sent to the Designated Agent:

(a) A physical or digital signature of the content provider;

(b) Identification of the material removed or to which access was disabled and the location where the content appeared before removal or disabled status;

(c) A statement affirming the content provider’s genuine belief that the material was removed or disabled due to an error or misidentification of the content; and

(d) The name, address, phone number of the content provider, and, if possible, email address, plus an acceptance of the jurisdiction of the Federal Court for the judicial district in the content provider’s address location, or, if the address is outside the U.S., for any judicial district where BabyCapybara is located, and acceptance of service process from the notifying party.

If a counter-notice is received by the Designated Agent, BabyCapybara may choose to forward a copy to the initial complainant, indicating that BabyCapybara might restore the removed content or stop disabling it in 10 business days. If the copyright owner doesn’t file a court action seeking an injunction against the content provider accused of infringement, reinstallation or access restoration might occur in 10 to 14 business days or more, following receipt of the counter-notice, at BabyCapybara‘s discretion.

Contact BabyCapybara Designated Agent at the following address:

Legal Department

Address: 613 East Pike Street Seattle, WA 98122
Email: support@babycapybara.com

Phone: 206-623-5339