DMCA

MyDailyBrain (“We” or “Us”) respects the intellectual property of others and has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”).

Reporting Copyright Infringement:

If you believe that your intellectual property is being violated in a way that constitutes copyright infringement, you may notify Us by providing the following information (as required by the DMCA):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of the works or materials claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing, including information regarding the specific location of the infringing materials that is to be removed on the our website, with reasonably sufficient to permit Us to locate the material;
  4. Contact information of the notifying party, including address, telephone number and, if available, e-mail address;
  5. A statement that the notifying party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided in the notification is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once A Proper Bona Fide Notification is Received By Our Designated Agent:

It is our policy:

  1. To remove or disable access to the infringing material;
  2. To notify the content provider, member or user that it has been removed or that access has been disabled to the material; and
  3. That repeat offenders’ access to the service will be terminated.

Supplying A Counter-Notice:

If a counter-notice is received by the Designated Agent, We may send a copy of the counter-notice to the original notifying party informing that party that We may replace the removed material or cease disabling it after 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion. A counter-notice must include:

  1. The physical or electronic signature of the content provider, member or user;
  2. 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 disabled;
  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which MyDailyBrain is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.