DMCA notice
DMCA Notice of Alleged Infringement ("Notice")
Deliver this Notice, with all items completed, to Daywalker Network and/or Daywalker Mobile's Designated Copyright Agent via email- copyright@Daywalker Network and/or Daywalker Mobile.com
One who has posted material that allegedly infringes a copyright may send Daywalker Network and/or Daywalker Mobile a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Daywalker Network and/or Daywalker Mobile receives a counter notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to Daywalker Network and/or Daywalker Mobile's Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the Daywalker Network and/or Daywalker Mobile Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party.
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
o I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
o I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
5. Provide your full legal name and your electronic or physical signature.
6. COUNTER NOTICE
1. Identification of the material that has been removed or to which access has been disabled on Daywalker Network and/or Daywalker Mobile service and the location at which the material appeared before it was removed or access to it was disabled:
2. I hereby state under penalty of perjury that I 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.
3. Your name, address, telephone number and, if available, email address:
4. I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Daywalker Network and/or Daywalker Mobile may be found, and I will accept service of process from the complaining party who notified Daywalker Network and/or Daywalker Mobile of the alleged infringement or an agent of such person.
5. Your physical or electronic signature (full legal name):____________________________
The Counter Notice should be delivered to Daywalker Network and/or Daywalker Mobile's Designated Copyright Agent:
Notification of Trademark Infringement
If you believe that some other IP right of yours is being infringed by a user, please provide Daywalker Network and/or Daywalker Mobile's Designated Copyright Agent (specified above) with the following information:
6. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
7. Information reasonably sufficient to permit Daywalker Network and/or Daywalker Mobile to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
8. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Daywalker Network and/or Daywalker Mobile to determine without unreasonable effort that the IP has been infringed;
9. Information reasonably sufficient to permit Daywalker Network and/or Daywalker Mobile to identify the use being challenged;
10. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
11. A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.
Upon receipt of notice as described above, Daywalker Network and/or Daywalker Mobile will seek to confirm the existence of the IP on the Site, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Site. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then Daywalker Network and/or Daywalker Mobile may exercise its discretion not to remove the IP. If Daywalker Network and/or Daywalker Mobile decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
Daywalker Network and/or Daywalker Mobile Has No Obligation to Adjudicate IP Claims - User's Agreement to Hold Us Harmless From Claims
Claimants and users must understand that Daywalker Network and/or Daywalker Mobile is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold Daywalker Network and/or Daywalker Mobile harmless from any resulting claims of infringement brought against Daywalker Network and/or Daywalker Mobile.