Upon your notification and subject to the provisions of the DMCA, Watchitoo may remove or disable access to any such content.
To be effective, your notification of claimed infringement must be a written communication provided to the Copyright Agent that includes substantially the following:
After receiving your communication, Watchitoo may ask you to provide further or supplemental information, prior to removing any content which was displayed on the Service or the Website, as Watchitoo deems necessary to comply with the provisions of the DMCA. We may also provide our registered user who uploaded the allegedly infringing content with your contact details, in order for that person to be able to contact you and challenge your claim.
You may submit a counter notification to our Copyright Agent. To be effective, your counter notification must be a written communication provided to our Copyright Agent that includes substantially the following:
After receipt of a counter notification, we will promptly provide the person who submitted the claimed copyright infringement notification, with a copy of the counter notification, and we will inform that person that we will replace the removed material, or cease disabling access to that material in 10 business days.
We will then replace the removed the material and cease disabling access to it between 10 to 14 business days following receipt of the counter notice, unless our Copyright Agent first receives notice from the person who notified us of the claimed copyright infringement that such person has filed an action seeking a court order to restrain the registered user from engaging in infringing activity relating to the material on our system or network.
Watchitoo may deny or cancel any individual use of the Services, or terminate your user account, if Watchitoo determines in its sole discretion that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once or a user that her uploaded material was removed from the Services more than once. Watchitoo may decide, at its sole discretion that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases Watchitoo may terminate your account immediately. We may notify you that we canceled your account by sending a message to the e-mail address that you provided during the registration process. Such notification will come into effect immediately.
The Copyright Agent is: Leonard Stein; (address) 24 West 40th Street 14th Floor, New York, NY 10018, USA; telephone number: 212 354 5888; e-mail address: copyrights@Watchitoo.com; fax: 1 646 728 0607. Please note that the Copyright Agent receives DMCA notifications only. Any other matters, such as comments, requests and other messages should be referred to our feedback form.
Under the provisions of the DMCA, any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, that Watchitoo may incur, if it is injured by such misrepresentation, as the result of its reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.