Notices

1. Scope

Magic Monkei LLC honors validly-formed notices submitted under the United States Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). The procedure described here also constitutes the "easily accessible mechanism" required of online content-sharing service providers established or providing services in the European Union under Article 17 of Directive (EU) 2019/790, as well as equivalent procedures recognized in other jurisdictions.

2. What a takedown notice must contain

A valid notice must be a written communication that includes substantially all of the following. Notices that omit any of these elements may be returned without action.

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed. If multiple works at a single location are involved, a representative list of those works at that location is acceptable.
• Identification of the material that is claimed to be infringing and that is to be removed, with information reasonably sufficient to permit us to locate the material (a direct URL is strongly preferred).
• The complainant's full legal name, mailing address, telephone number, and email address.
• A statement that the complainant has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

3. Where to send notices

Notices, counter-notifications, and any related correspondence must be sent to [email protected]. We will treat correspondence sent to any other address as informal and may not act upon it within the timeframes described below.

4. What happens after we receive a notice

We acknowledge receipt of properly-formed notices within five (5) business days. We aim to evaluate and act on properly-formed notices within ten (10) business days of receipt, by removing or disabling access to the material identified in the notice and notifying the Subscriber who uploaded the material that this action has been taken.

We may, in our discretion and where the notice raises a substantial factual question, request additional information from the complainant before acting.

5. Counter-notification procedure

A Subscriber whose material has been removed in response to a notice may submit a counter-notification to [email protected]. To be effective under 17 U.S.C. § 512(g), the counter-notification must include substantially all of the following:

• A physical or electronic signature of the Subscriber.
• Identification of the material that was removed and the location at which it appeared before removal.
• A statement under penalty of perjury that the Subscriber has a good-faith belief that the material was removed as a result of mistake or misidentification.
• The Subscriber's full legal name, mailing address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of the United States District Court for the District of Delaware (or, if the Subscriber's address is outside the United States, any judicial district in which Magic Monkei may be found), and that the Subscriber will accept service of process from the complainant or their agent.

6. Restoration of removed material

Upon receipt of a complete counter-notification, we will promptly forward a copy to the original complainant. Unless the original complainant notifies us within ten (10) business days that they have filed a court action seeking to restrain the Subscriber from engaging in the activity at issue, we may restore the removed material in not less than ten (10) and not more than fourteen (14) business days following receipt of the counter-notification.

7. Repeat infringers

Magic Monkei maintains a written policy under which, in appropriate circumstances, we will terminate the accounts of Subscribers who are repeat infringers. We assess repetition based on the number, frequency, and severity of substantiated notices received.

8. Misrepresentation

Any person who knowingly materially misrepresents that material is infringing, or that material was removed as a result of mistake or misidentification, may be liable for damages under 17 U.S.C. § 512(f), including costs and attorneys' fees incurred by the alleged infringer, by any copyright owner or authorized licensee, and by Magic Monkei. Submit notices and counter-notifications only after confirming that the statements you are making are true.