Last
Updated: April 7, 2008
COPYRIGHT COMPLIANCE POLICY
This is the official copyright compliance
policy (“Copyright Compliance Policy”) for jerseyshoredailies.com ("Site,"
"we," "us," or "our"), an
Internet website offered
in cooperation or connection with the MTV television
channel or programming service (“MTV Channel”). The MTV Channel and the Site
(together, “MTV”) are provided by MTV Networks ("MTVN"), a
division of Viacom International Inc. (collectively, the “Parent
Companies”). This Copyright
Compliance Policy sets forth the procedures undertaken by MTV to respond to
notices of alleged copyright infringement from copyright owners and terminating
the accounts of repeat infringers and does not cover any other procedures, for any
other purpose, or the procedures of the Parent Companies or any
subsidiaries and affiliates of MTV and the Parent Companies
(collectively, “Affiliates”), or any other company, unless specifically stated.
This Copyright Compliance
Policy is a part of the terms and conditions which are set forth
in our Copyright Compliance Policy.
Any terms that
are not defined in this Copyright
Compliance Policy shall have the meaning given in the
Terms of Use Agreement. Both the Terms of Use Agreement and this Copyright
Compliance Policy are legally binding on all users.
We take
protection of copyrights, both our own and others, very seriously. We
therefore employ multiple measures to prevent copyright infringement over this
Site and to promptly end any infringement that might occur.
How to
Send a Notice of Copyright Infringement
In you are
a copyright owner (or the owner’s authorized agent) and have a good-faith
belief that material on our website infringes one of your copyrights, you may
notify us using this procedure. In order for us to process your notice of
copyright infringement, it must be sent to the agent designated below and must
include the information specified below. When we receive a notice under this
procedure, we will expeditiously remove or disable access to the material that
is claimed to be infringing or to be the subject of infringing activity.
Send your
notice of infringement to our designated agent for receiving such notices:
Name of
Agent Designated to Receive Notification of Claimed Infringement: Warren
Solow
Full Address of Designated Agent to Which Notification Should be Sent to:
1515 Broadway, 45th Floor, New York, NY 10036
Telephone Number of Designated Agent:
212.846.3723
Facsimile Number of Designated Agent:
201.422.6630
Email Address of Designated Agent:
copyright@mtvn.com
DO NOT
SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.)
TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT
CONTACT.
Your
notice of infringement must be a written communication provided to the agent
designated above that includes substantially the following information:
(1) A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
(2)
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on our Site is covered by a single notification, a
representative list of such works on our Site.
(3)
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material.
(4)
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.
(5) A
statement that the complaining party has 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.
(6) A
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
WE CAUTION
YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU
MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT
COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY
COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
How to
Send a Counternotice If Your Posting Was Removed in Response to a Notice of
Infringement and You Believe the Posting Is Not Infringing
As
explained above, if we receive a notice of infringement sent to our designated
agent with the information described above, we will expeditiously remove or
block access to the material that is claimed to be infringing. We will also
send a notification to the user who posted the material, at the email address
provided by the user in connection with his or her account with us, telling the
user that the material was removed or access to it was blocked because of
claimed infringement.
If you are
a user who posted material that was removed in response to a notice of
infringement and you believe that material was removed due to mistake or
misidentification, you may request that we replace the posting by sending us a
counternotice as follows:
You must
send the counternotice to our designated agent for receiving notices of
infringement, whose name and contact information is above.
Your
counternotice must be a written communication sent and must include
substantially the following information:
(1) A
physical or electronic signature of the subscriber (you the user).
(2)
Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled.
(3) A
statement under penalty of perjury that the user has 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.
(4) The
user’s name, address, and telephone number, and a statement that the user consents
to the jurisdiction of Federal District Court for the judicial district in
which the address is located, or if the user’s address is outside of the United
States, for any judicial district in which the service provider may be found,
and that the user will accept service of process from the person who provided
notification of copyright infringement or an agent of such person.
When we
receive a counternotice that complies with these requirements, we reserve the
right, but not the obligation, to restore the material that was removed after
forwarding a copy of the counternotice to the person who sent the notice of
infringement and waiting at least 10 business days. If, during those 10
business days, the person who sent the original notice of infringement notifies
us that such person has instituted a suit to seek a court order to restrain the
user from infringing activity relating to the material on our website, we will
not replace the material. Otherwise, we may repost the material at our
discretion. However, pursuant to the Section of the Terms of Use Agreement
entitled “Postings”, we retain the right to remove, block access to, or not
restore material at any time for any reason without any liability to the
posting user. In particular, a user who sends a counternotice pursuant to this
Copyright Compliance Policy expressly acknowledges and agrees that we
shall not be liable to the user under any circumstances for declining to
replace material.
WE CAUTION
YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING,
YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES,
COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY
ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON
YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
Repeat
Infringer Policy
We have a
policy of terminating the accounts of repeat infringers. A repeat infringer
includes any user who has made two or more Postings for which we receive a
notice of infringement under this Copyright Compliance Policy. Each
user agrees that if his or her account is terminated pursuant to this Copyright
Compliance Policy, the user will not attempt to establish a new account
under any name, real or assumed, and further agrees that if the user violates
this restriction by opening a new account after being terminated pursuant to
this Copyright Compliance Policy, the user shall indemnify and hold us
harmless for any and all liability that we may incur therefor.
Sole Statement: This document is the sole
statement of the Copyright Compliance Policy with respect to this Site, and no
summary, restatement or other version thereof, or other statement or policy, in
any form, including, without limitation, machine-generated, is valid.
This Copyright Compliance Policy was last modified on April 7,
2008 and is effective immediately.
Copyright © 2008 MTV Networks, a division of Viacom
International Inc. - All Rights Reserved.