Digital Millennium Copyright Act Notice
TAKEDOWN POLICY AND PROCEDURES
Blue Butterfly Digital, Inc. respects the intellectual property rights of others just as it expects third parties to respect its rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe-harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
NOTICE OF INFRINGEMENT – CLAIM
A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number (if applicable);
A statement that the complaining party has a good-faith belief that the use of the material is unauthorized by the copyright agent; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices to the following address below. Please send by email for prompt attention.
The DMCA Agent is only authorized to receive DMCA Takedown Notices. No other notices or services can be or will be accepted by our Agent.
If by Mail:
Blue Butterfly Digital, Inc.
Attention: Jason Simon, DMCA Agent
3104 East Camelback Road
Phoenix, AZ 85016
If by Email: email@example.com
COUNTER NOTIFICATION – RESTORATION OF MATERIAL
If you have received a notice of material being removed or temporarily made unavailable because of a copyright infringement claim, you may provide us with a counter-notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
Your physical or electronic signature.
A description of the material that has been taken down and the original location of the material before it was taken down.
A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
Email your counter notice to our DMCA Agent: Jason Simon at firstname.lastname@example.org for prompt action or mail to: Blue Butterfly Digital, Inc., Attention: Jason Simon, DMCA Agent, 3104 East Camelback Road, Phoenix, AZ 85016.
REPEAT INFRINGER POLICY
Blue Butterfly Digital, Inc. takes copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, Blue Butterfly DigitalB, Inc. maintains a list of DMCA notices from its copyright holders with its registered DMCA Agent. The company makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.
Blue Butterfly Digital, Inc. reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason to comport with requirements. You are encouraged to check back to review this policy frequently for any changes.