Digital Millennium Copyright Act (“DMCA”) Policy
Paachmishali.com is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act (“DMCA”). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
DMCA (Copyright) Notifications and Counter-Notifications Process
Paachmishali respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Paachmishali Site do not infringe any third party copyright. Paachmishali will promptly remove materials from the Paachmishali Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Paachmishali may, in appropriate circumstances, terminate the accounts of repeat copyright infringes.
Filing a DMCA Counter-Notification to Restore Removed Content—for Paachmishali Users
If you believe that your material has been removed by mistake or miss-identification, please provide Paachmishali with a written counter-notification containing the following information:
1. Your name, address, and telephone number.
2. A description of the material that was removed and the location on the Paachmishali Site (e.g., the URL) where it previously appeared.
3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or miss-identification.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Paachmishali may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
5. Your electronic or physical signature.
You may submit this information via:
Email: [email protected]
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA take down notice upon request.
Repeat Infringe Policy
Paachmishali will terminate user accounts that have been the subject of three (3) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Paachmishali will treat the underlying DMCA notice as withdrawn. Paachmishali reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding Vimeo’s Terms of Service.
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISS-IDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Paachmishali may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material, and may provide DMCA notices to Chilling Effects
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.