Digital Millennium Copyright Act – Notice and Takedown Procedure
OnSmash.com complies with the Digital Millennium Copyright Act (“DMCA”) and all applicable copyright laws. Our policy requires that we respond expeditiously to notices of alleged copyright infringement that comport with the requirements of the DMCA. All proper takedown notices must be sent to our Designated Agent.
Consistent with OnSmash.com’s Terms of Service Agreement, we expect that all users of this site comply with applicable copyright laws. If, however, we receive a proper notification of alleged copyright infringement, we will remove or disable the alleged infringing content, and we will promptly investigate the matter.
The Designated Agent to receive notification of alleged infringement under the DMCA is:
223 Wall Street #401
Huntington, NY 11743
Tel: (646) 727-0096
Email to send DMCA Notice: Legal@Freeonsmash.com
Upon receipt of proper notification of claimed infringement, OnSmash.com will follow the procedures outlined herein and in the DMCA.
If you have a good-faith belief that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OnSmash.com’s Registered Agent (listed above) the following information in a written communication. We ask that you email this notification, so that we may respond as quickly as possible.
Your written DMCA notification must provide the Registered Agent with the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work alleged to have been infringed, or, if multiple copyrighted works on Freeonsmash.com is covered by a single notification, a representative list of such works that are allegedly on Freeonsmash.com.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OnSmash.com to locate the material.
(4) Information reasonably sufficient to permit OnSmash.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5) A statement that the complaining party 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.
(6) 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 owner of an exclusive right that is allegedly infringed.
Please understand that if you knowingly misrepresent, via a DMCA notice, that online content is infringing upon your copyrights, you may be liable for money damages, including costs and attorney’s fees, that OnSmash.com incurs as a result. You may also be subject to criminal prosecution for perjury. As a result, we suggest that you contact an attorney before sending a notice if you are not sure whether material on Freeonsmah.com infringes upon your copyrights.
OnSmash.com will pursue all proper legal remedies in response to abusive DMCA takedown notices meant to harass, intimidate, or chill otherwise lawful online speech. OnSmash.com respects the rights of copyright holders, as well as the United States Constitution and the values and principles emanating from the First Amendment and the Due Process Clause.
Last Updated: February 20, 2013