Digital Millennium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
Thank you for visiting our website (the “Website”). These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at dmca@InternetKey.com.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Text of the Digital Millennium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Claim of Infringement –
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. §512(c)(3); if you do not understand the language please seek independent legal advice):
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 claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider 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 send your Claim of Infringement to:
Corey D. Silverstein, Esquire
30150 Telegraph Road, Suite 444
Bingham Farms, MI 48025
Failure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of InternetKey, Inc..
Claim of Infringement Counter-Notification –
If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter- notification. 17 U.S.C. §512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
1. Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access;
2. Your full name, address, telephone number, and email address;
3. The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant";
4. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
5. Signature. A scanned physical signature or a valid electronic signature will be accepted.
Our designated agent will present your counter-notification to the Complaining Party. Once your counter- notification has been delivered, INSERT COMPANY NAME, is allowed under the provisions of 17 U.S.C. §512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on InternetKey, Inc. 's system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
InternetKey, Inc. is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions –
In the event that after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
1. A statement indicating that you are retracting your Copyright Infringement Notification;
2. The complete and specific URL of the material in question;
3. An electronic signature; and
4. A copy of your original Copyright Infringement Notification.
Repeat Offenders –
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. § 512(i).
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These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.
WARNING! This Website is for adults only!
This Website Contains Sexually Oriented Material
You must be at least 18-years old or the age of majority where you live (whichever is greater) and agree to all of the terms below before continuing. If you do not agree to any of the following, please leave this Website immediately.
This Website contains and displays sexually explicit content, including images, videos, sounds, text, and links. Please leave the Website immediately if: (a) you are less than 18-years old or the age of majority where you will or may view the content; (b) any portion of the content offends you; or (c) viewing or downloading the content is illegal in the community where you choose to view or download it.
Section 230(d) Notice: Under 47 U.S.C. § 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of these protections may be found on the Internet by searching “parental control protection” or similar terms, or may be available at www.getnetwise.org (GetNetWise is not owned, operated, endorsed by, or affiliated with us).
Permission to enter the Website and to view and download its contents is strictly limited only to consenting adults who affirm that the following statements are true:
- I am at least 18-years old or the age of legal majority where I live (whichever is greater), and that I am voluntarily choosing to view and access the sexually-explicit images and content for my own personal use and entertainment;
- I will not expose any minors or third parties to sexually explicit content I am about to view;
- I understand that the content on the Website is sexually explicit in nature and depicts adults engaged in consensual sex, including heterosexual, bisexual, homosexual, or transsexual situations of a sexual nature;
- It is my constitutional right to receive, view, and download the content;
- I believe that sexual acts between consenting adults are neither offensive nor obscene and I desire to view or download the content;
- The viewing, reading, and downloading of sexually explicit materials does not violate the standards of any community, town, city, state, or country where I will view, read, or download the content;
- I will not sell, distribute, give, or make available the content on this Website to anyone and I will take the appropriate steps in order to make sure no minor is able to view the content available on this Website;
- I am solely responsible for any false disclosures or legal ramifications of viewing, reading, or downloading any of the content on the Website. Further, neither the Website nor its affiliates, agents, and operators will be held responsible for any legal ramifications arising from any fraudulent entry into or use of the Website;
- I understand that the content on the Website is meant to serve as a visual record of the methods of interpersonal and sexual relationships, but that these fictional accounts do not always exhibit safe sex, or the full range of real life emotions and relationships;