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Direct Advert Media, LLC Copyright Notice and/or Complaint Steps

Direct Advert Media, LLC requires DMCA notices to be filed via letter or fax (not by email -- except by prior agreement). The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints

It is our policy to respond to notices alerting us of content which appears on KhanaPakana.com or other websites owned and operated by Direct Advert Media, LLC and which is alleged to infringe copyright.This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is an image that appears on http://www.KhanaPakana.com/ExampleRecipe.html") or other information sufficient to specify.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.
  3. Provide information reasonably sufficient to permit Direct Advert Media to contact you (email address is preferred). Include your contact information including your full name, address and phone number where our legal department can contact you.
  4. Provide information, if possible, sufficient to permit us to notify the user(s)/owner/moderator/administrator of the allegedly infringing content (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Sign the paper.
  8. Send the written communication to the following address: 

Direct Advert Media, LLC
Attn: DMCA Complaints
536 Cherry LN
Floral Park, NY 11001

Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the user, owner or moderator/administrator of the affected content so that the owner or administrator may make a counter notification.

We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed.

If a user or subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the Direct Advert Media will then promptly notify the claiming party of the individual's objection. If the copyright owner does not bring a lawsuit in district court within 14 days, the Direct Advert Media is then required to restore the material to its location on its website(s).

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material.

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