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Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.

Although our website (“Site”) is not based in the United States, we respect the intellectual property rights of copyright holders, and thus have chosen to voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”).  This Site qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the DMCA.  Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions.  We respect the intellectual property of others, and we ask our users to do the same.  Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users. 

If you believe any materials accessible on or from the websites located at www.fansarchive.com (the “Websites”) infringe your copyright, you may request removal of those materials (or access to them) from the applicable Website by submitting written notification to us and the we’ll contact our Copyright Agent.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site (preferably including specific url’s associated with the material);
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement (“Notice”) to:

dmca@fansarchive.com

If you fail to comply with all the requirements of section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the applicable Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under section 512(f) of the DMCA.

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law.  See; 17 U.S.C. § 512(f)These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim.  We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure.  Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to US.

Counter-Notification Procedures

If you believe that material you posted on or through the applicable Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified below). In accordance with the DMCA, the Counter-Notice must include substantially the following:

  • a specific description of the material that was removed or disabled pursuant to the Notice;
  • a description of where the material was located within the Site or the content (as defined within the Site’s Terms & Conditions or User Agreement) before such material was removed and/or disabled (preferably including specific url’s associated with the material);
  • a statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously.  For convenience, the following format may be used:

“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”

  • the Recipient’s physical address, telephone number, and email address; and,
  • a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.

Completed Counter-Notices containing the above information must be sent to:

dmca@fansarchive.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the applicable Website was removed or 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 Infringers

It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers in accordance with our repeat infringer policy.

Modifications to Policy

The Site reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes.

Customer Service Requests

Please note that the DMCA Agent chosen is not associated with the Site in any other capacity, but is an attorney with a private law firm.  Customer service inquiries, payment questions, and cancellation requests will not receive a response.  All such communications must be directed to the Site’s customer service department.

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