Reporting
Claims of Copyright Infringement
We
take claims of copyright infringement seriously. We will respond to notices of
alleged copyright infringement that comply with the Digital Millennium
Copyright Act (the “DMCA”) or any other applicable intellectual property
legislation or laws. Responses may include removing, blocking or disabling
access to material claimed to be the subject of infringing activity,
terminating the user’s access to www.hypnovids.com (“Hypnovids”), or all of the foregoing.
If
you believe any material accessible on Hypnovids infringes your copyright, you
may submit a copyright infringement notification (see below, “Filing a DMCA
Notice of Copyright Infringement” for instructions on filing such a notice).
These requests should only be submitted by the copyright owner or an agent
authorized to act on the owner’s behalf.
If
we remove or disable access to material in response to such a notice, we will
take reasonable steps to notify the user that uploaded the affected content
material that we have removed or disabled access to so that the user has the
opportunity to submit a counter notification (see below, “Counter-Notification
Procedures” for instructions on filing a counter notification). It is our
policy to document all notices of alleged infringement on which we act.
All
copyright infringement notifications and counter-notifications must be written
in English. Any attempted notifications written in foreign languages or using
foreign characters may, at our discretion, be deemed non-compliant and
disregarded.
Filing
a DMCA Notice of Copyright Infringement
If
you choose to request removal of content by submitting an infringement
notification, please remember that you are initiating a legal process. Do not
make false claims. Misuse of this process may result in the suspension of your
account or other legal consequences.
You
may notify Hypnovids of alleged copyright infringement via email at contact@hypnovids.com.
We
also accept free-form copyright infringement notifications. In that case, in
accordance with the DMCA, the written notice (the “DMCA Notice”) must include
substantially the following:
Identification
of the copyrighted work you believe to have been infringed or, if the claim
involves multiple works, a representative list of such works.
Identification
of the material you believe to be infringing in a sufficiently precise manner
to allow us to locate that material. If your complaint does not contain the
specific URL of the video you believe infringes your rights, we may be unable
to locate and remove it. General information about the video, such as a channel
URL or username, is typically not adequate. Please include the URL(s) of the
exact video(s).
Adequate
information by which we, and the uploader(s) of any video(s) you remove, can
contact you (including your name, postal address, telephone number and, if
available, e-mail address).
A
statement that you have a good faith belief that use of the copyrighted
material is not authorized by the copyright owner, its agent or the law..
A
statement that the information in the written notice is accurate, and under
penalty of perjury, that you are the owner, or an agent authorized to act on
behalf of the owner, of an exclusive right that is allegedly infringed.
Complete
complaints require the physical or electronic signature of the copyright owner
or a representative authorized to act on their behalf. To satisfy this
requirement, you may type your full legal name to act as your signature at the
bottom of your complaint.
If
you fail to comply with all of the requirements of Section 512(c)(3) of the
DMCA, your DMCA Notice may not be effective.
Please
be aware that if you knowingly materially misrepresent that material or
activity on Hypnovids is infringing your copyright, you may be held liable for
damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification
Procedures
If
you have received a DMCA Notice and believe that material you posted on Hypnovids
was removed or access to it was disabled by mistake or misidentification, you
may file a counter-notification with us (a “Counter-Notice”). Counter
notifications must be submitted by the video’s original uploader or an agent
authorized to act on their behalf.
Pursuant
to the DMCA, the Counter-Notice must include substantially the following:
Your
name, address, phone number and physical or electronic signature;
Identification
of the allegedly infringing content and its location before removal or access
to it was disabled;
A
statement under penalty of perjury that you believe in good faith that the
content was removed by mistake or misidentification; and
A
statement that you consent to the jurisdiction of the U.S. Federal District
Court for the judicial district in which you are located (or if you are outside
the U.S., for any judicial district in which the operator of Hypnovids may be
found), and that you will accept service of process from the person who
originally provided us with the DMCA Notice or an agent of such person.
We
will not respond to counter notifications that do not meet the requirements
above.
Please
be aware that if you knowingly materially misrepresent that material or
activity on Hypnovids was removed or disabled by mistake or misidentification,
you may be held liable for damages (including costs and attorneys’ fees) under
Section 512(f) of the DMCA.
Repeat
Infringers
In
accordance with the DMCA and other applicable law, we have adopted a policy of
terminating or disabling, in appropriate circumstances and at our sole
discretion, the accounts of users who are deemed to be repeat infringers. We
may also at our sole discretion limit access to Hypnovids, terminate or disable
the accounts of any users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement