Swadesii Notice and Takedown Procedure
Swadesii supports the protection of intellectual property and asks their users to do the same. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website, https://www.copyright.gov It is expected that all users of any part of Swadesii will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the user’s account.
Should you wish not to use our online form, please provide all the information requested in the form to our Designated Agent at the address below. In order to be effective, any such notification must include a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive copyright right that is allegedly infringed and must include 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 the exclusive right that is allegedly infringed. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material, we suggest that you first contact a lawyer.
How to file a Counter Notice
A merchant who receives a DMCA Takedown Notice may make a counter notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act To file a counter notification with us, you must provide a written communication that sets out the information specified in the list below by either following the instructions in the DMCA Takedown Notice email we sent you (preferred) or by sending the written communication to the Designated Agent details set out below (preferably via email). Please include the following information in your DMCA counter notification:
- 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;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located or, if my address is located outside of the United States, I consent to the jurisdiction of the Federal District Court for the District of Delaware”;
- The following statement: “I will accept service of process from the party who submitted the DMCA Infringement Notice or its agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled and that I am the merchant subject to the DMCA Takedown Notice or I am authorised to act on behalf of that merchant.”;
- The following statement: “I acknowledge that a copy of this counter notification, including my full name and contact information, will be provided to the party that submitted the DMCA Takedown Notice.”; and
- A physical or electronic signature.
Please note: You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification, we suggest that you first contact a lawyer.
