COPYRIGHT INFRINGEMENT NOTIFICATION
To file a copyright infringement notification with us, you will need to send a written communication to the Copyright Agent that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
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 at a single online site are covered by a single notification, a representative list of such works at that 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
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.
Send the written communication to the Copyright Agent at the following address:
Marc Lyman
Home Fixated
2726 Shelter Island Dr., #130
San Diego, CA 92106
You hereby acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
COUNTER NOTIFICATION
To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users* who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
A counter-notification must include the following specific elements:
1. Identification of the specific URLs of material that HomeFixated has removed or to which HomeFixated has disabled access.
2. Your full name, address, telephone number, email address, and your HomeFixated username, if applicable.
3. The statement: “I consent to the jurisdiction of the Federal District Court for the district in which HomeFixated is located, and will accept service of process from the claimant.”
4. The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. Signature. A scanned physical signature or a valid electronic signature will be accepted.
* We can only accept a counter-notification directly from the user whose video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the user. For purposes of this DMCA Policy a “user” means anyone who, along with their submitted material, provides HomeFixated with their name, email address, telephone number and/or any other identifying information which would allow us to contact the person directly via email.
Send the written communication to the Copyright Agent at the following address:
Marc Lyman
Home Fixated
2726 Shelter Island Dr., #130
San Diego, CA 92106
email (with the words “DMCA Counter-Notice” in the subject line.)
If a counter-notice is received by the Copyright Agent, HomeFixated may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at HomeFixated’s sole discretion.