DMCA - Digital Millenium Copyright Act

HelperMonkeys responds to claims of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA) - http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act. The DMCA provides a process for a copyright owner to give notification to an online service provider concerning claims of copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the claimed content. On taking down content under the DMCA, HelperMonkeys will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, HelperMonkeys generally restore the content in question, unless HelperMonkeys receives notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Please note that under DMCA Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please don't make false claims the damages and legal fees can be significant.

http://en.wikipedia.org/wiki/OPG_v._Diebold

HelperMonkeys may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law - the privacy policy for HelperMonkeys does not protect information provided in these notices.

To File a Notification

A written notification must be made. This can be done either by fax or written letter (regular mail or FedEx). Emails will not be accepted (unless prior arrangements have been made.) (Please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements.)

The notification must:

  • Identify in detail the copyrighted work that you believe has been infringed upon (describe the work that you own).
  • Identify the URL that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the page. For example, "The infringing content I am referring to is the image used in Hookup #123456."
  • Provide a reasonably sufficient method of contacting you (phone number and email address.)
  • (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to prove claims.)
  • Include the following statement: "I in good faith believe that the use of the copyrighted materials described above and contained on HelperMonkeys.com are not authorized by the copyright owner, its agent, or by protection of law."
  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that content is infringing your copyrights - DMCA Section 512(f). We recommend contacting an attorney if you are unsure whether the work is protected by copyright laws.

Send the written document to the designated Copyright Agent at HelperMonkeys:
HelperMonkeys, LLC
Attn: Designated Copyright Agent
P.O. Box 777115
Henderson, NV 89077

You may also fax the document to (855) 435-7376. On the cover sheet, please write ATTN: DMCA NOTIFICATION

Retractions

After submitting a copyright infringement notification, copyright owners may realize they misidentified content or they may otherwise change their mind. HelperMonkeys is always glad to honor retractions of copyright claims from the party who originally submitted them.

If you're a content owner, please make sure you send us the following information if you wish to retract a claim:
  • A statement of retraction (such as "I hereby retract my claim of copyright infringement")
  • The complete and specific URL of the content in question (this looks like http://www.helpermonkeys.com/hookup/XXXXXX)
  • An electronic signature (typing your full legal name will do)
If you're a user affected by a copyright claim, you may reach out to the copyright owner directly in search of a retraction. Here's how you may do so:
  • Please have the claimant contact us directly at copyright@helpermonkeys.com with all the items listed above.
  • Please note that we will not process retractions that are not sent from the same source that submitted the original claim.
To file a counter-notification:

  • List the copyrighted work that was removed by the HelperMonkeys admins, and the location at which the material appeared before it was removed. Please identify the copyrighted work in sufficient detail (if possible provide the Hookup ID.)
  • Provide your name, address, telephone number and email address.
  • State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside.
  • State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
  • State the following: "I swear, under penalty of perjury, that I in good faith believe that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send the written document to the designated Copyright Agent at HelperMonkeys:
HelperMonkeys, LLC
Attn: Designated Copyright Agent
P.O. Box 777115 Henderson, NV 89077

You may also fax the document to (855) 435-7376. On the cover sheet, please write ATTN: DMCA COUNTER-NOTIFICATION