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
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):
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.
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.
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.
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).
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."
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."
Sign the paper.
Send the written communication to
the following address:
Direct Advert Media, LLC
Attn: DMCA Complaints
PO Box 30518
ELMONT, NY 11003
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.