DMCA

If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If Komotion takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Komotion.

Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.

Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

Please follow these steps to file a notice:

  1. Verify that the website in question is hosted by Komotion. We have no control over sites that say “Powered by Shozam” or other sites that are not hosted by us. Please contact the appropriate web host with complaints. We only host sites that have “komotion.com” in their URL or that say “Powered by Komotion.com” on the site.
  2. Contact the website owner directly. Go to the website in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the blogger or website owner.
  3. Send your complaint to komotion.com. If the issue cannot be resolved directly with the website owner, send us your complaint and include the following (or it will be deemed invalid):
  • An electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Komotion to find and positively identify that content; for example we require a link to the specific web page or blog post (not just the name of the site) that contains the content and a description of which specific portion of the page – an image, a link, the text, etc. – your complaint refers to;
  • Your name, address, telephone number and email address; and
  • A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a Komotion.com user and access to portions of your site have been disabled for this reason, we will notify you. You then have the option to send us a counter-notice stating why your content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent to us at Komotion.com and include the following or they will be deemed invalid:

  • Your name, address, phone number and physical or electronic signature;
  • Identification of the allegedly infringing content and its location before disabling access; and
  • A statement under penalty of perjury explaining why the content was removed by mistake or misidentification.

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