DMCA

DMCA/COPYRIGHT INFRINGEMENT POLICY

Reporting Claims of Copyright Infringement

MorbidGirls honors and respects the intellectual property rights of others and, therefore, takes all allegations of copyright infringement seriously. MorbidGirls will respond to any notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (“DMCA”) or any other applicable intellectual property statutes. The response of MorbidGirls may include any or all of the following: removing, blocking or disabling access to allegedly material(s) and/or terminating or disabling User access to MorbidGirls.

If you believe any material accessible on MorbidGirls infringes your valid copyright, you may submit a copyright infringement notification (see Filing a DMCA Notice of Copyright Infringement below). Such requests should be submitted only by the copyright owner or an agent authorized to act on behalf of the copyright owner.

If MorbidGirls removes or disables access to material in response to a proper DMCA Notice of Copyright Infringement, MorbidGirls will take reasonable steps to notify the specific User who uploaded the content in question that the content has been removed or access thereto disabled so that said User has the opportunity to submit a counter notification (see Counter-Notification Procedures below). It is the policy of MorbidGirls to document all properly served Notice of Copyright Infringement.

All Notices of Copyright Infringement and/or Counter-Notifications must be submitted in writing and must be written in English. Any attempted Notice of Copyright Infringement and/or Counter-Notice (as such terms are defined below) that is written in a foreign language or that uses foreign characters may be deemed non-compliant and disregarded, at the sole discretion of MorbidGirls.

Filing a DMCA Notice of Copyright Infringement

Should you choose to request removal of content by submitting a Notice of Copyright Infringement, be aware that you are initiating a legal process. Do not make false claims. Abuse or misuse of this process may result in the legal consequences.

In accordance with the DMCA, the written DMCA Notice of Copyright Infringement must include the following:

  • Identification of the copyrighted work that you allege has been infringed or, where your claim involves multiple works, a representative list of all such works;
  • Identification of the material that you allege to be infringing in a sufficiently detailed manner in order to permit us to locate that material. If your DMCA Notice of Copyright Infringement does not contain the specific URL of the material that you allege infringes your copyright(s), MorbidGirls may be unable to locate and remove it. General information about the material, such as a username or vague description, is inadequate. Please include the URL(s) of the precise material that you allege infringes your copyright(s);
  • Adequate information by which MorbidGirls, as well as the User who uploaded or posted the allegedly infringing material, can contact you (including your name, mailing address, e-mail address and telephone number);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or applicable law;
  • A statement under penalty of perjury that the information in your written Notice of Copyright Infringement is accurate and that you are either the owner of the copyrighted material that allegedly is infringed or an agent authorized to act on behalf of said owner; and
  • A complete Notice of Copyright Infringement requires the physical or electronic signature of the copyright owner or of an agent authorized to act on behalf of said copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Email: [email protected]

Please do not send other inquiries or requests to MorbidGirls’ designated copyright agent. Absent prior express written permission, MorbidGirls’ designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices of Copyright Infringement or Counter-Notices (as defined below) is expressly disclaimed.

Failure to comply with all of the requirements of Section 512(c)(3) of the DMCA may render your DMCA Notice of Copyright Infringement ineffective.

Please be aware that if you knowingly materially misrepresent that material posted or uploaded to MorbidGirls infringes your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

All the information provided in a DMCA Notice of Copyright Infringement, the actual DMCA Notice of Copyright Infringement (including your personal information), or both may be forwarded to the User who uploaded or posted the allegedly infringing content on MorbidGirls. By submitting a DMCA Notice of Copyright Infringement, you consent to the disclosure of your information in this manner.

Counter-Notification Procedures

If you are a User who has received a DMCA Notice of Copyright Infringement from MorbidGirls and you believe that material that you have posted on or uploaded to MorbidGirls was removed or access to it disabled by mistake or misidentification, you may file a counter-notification (“Counter-Notice”). Counter-Notices must be submitted by the User who originally uploaded or posted the allegedly infringing materials, or by an agent authorized to act on his/her behalf.

Counter-Notices must be sent to:

Email: [email protected]

Please do not send other inquiries or requests to MorbidGirls’ designated copyright agent. Absent prior express written permission, MorbidGirls’ designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices of Copyright Infringement or Counter-Notices is expressly disclaimed.

Pursuant to the DMCA, your Counter-Notice must include the following:

  • Your name, mailing address, e-mail address, telephone number and physical or electronic signature;
  • Identification of the allegedly infringing content and its location prior to its removal or to access to it being disabled;
  • A statement under penalty of perjury that you believe in good faith that the content was removed or to access to it was disabled by mistake or misidentification; and
  • A statement that you consent to the jurisdiction of the United States District Court for the federal judicial district in which you are located (alternatively, if you are located outside of the United States, that you consent to the jurisdiction of the for the United States District Court for the San Diego County District of California, where MorbidGirls is based), and that you will accept service of process from the individual or entity who originally provided MorbidGirls with the DMCA Notice of Copyright Infringement or an authorized agent of such person or entity.

MorbidGirls will not respond to any Counter-Notice that fails to meet the requirements set out above.

After MorbidGirls receives your Counter-Notice, MorbidGirls will forward it to the individual or entity who submitted the original DMCA Notice of Copyright Infringement and inform that individual or entity that the removed material may be restored after ten (10) business days but no later than fourteen (14) business days from the date that MorbidGirls received your Counter-Notice, unless MorbidGirls’ designated copyright agent receives notice from the party who filed the original DMCA Notice of Copyright Infringement informing MorbidGirls that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that when MorbidGirls forwards your Counter-Notice, it will include your personal information. By submitting a Counter-Notice, you consent to the disclosure of your information in this manner. MorbidGirls will not forward the Counter-Notice to any party other than the original claimant, to law enforcement personnel or to those parties who assist MorbidGirls in enforcing and/or protecting MorbidGirls’ rights.

Please be aware that if you knowingly materially misrepresent that material posted or uploaded to MorbidGirls was removed or access to it disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, MorbidGirls has adopted a policy of terminating or disabling the accounts of Users deemed to be repeat infringers, under appropriate circumstances and at MorbidGirls’ sole discretion. MorbidGirls further reserves the right, at our sole discretion, also may also limit access to MorbidGirls or terminate or disable the account of any User(s) who infringes the intellectual property rights of others, regardless of whether such User is deemed to be a repeat infringer.

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