If materials that you have posted on the Sites have been removed due to alleged infringement of a third-party’s intellectual property rights, OnePieceTrend will notify you. If you believe your materials have been wrongly removed, you may file a counter-notification seeking reinstatement of the materials in question.
To file a counter notification with us, you must provide a written communication (by regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format:
- 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 access to it was disabled;
- Your name, address, telephone number, and, if available, an email address at which you may be contacted;
- The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Sign the document.
Send the written communication (by email, fax or mail to) our designated Copyright Agent to receive DMCA Notices as indicated above
Upon receipt of such counter notification, OnePieceTrend will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that the applicable Sites will replace the removed material or cease disabling access to it in 10 business days. OnePieceTrend will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(A) of the DMCA, OnePieceTrend will, in appropriate circumstances, disable and/or terminate the accounts of contributors who are repeat infringers.
