Copyright Policy of Media Breakaway and its Affiliated Websites
Effective: May 5, 2017
Media Breakaway, LLC ("Media Breakaway"), on behalf of its
MediaBreakaway.com website and its affiliated websites (collectively,
"Website"), addresses copyright violations in accordance with and the
policies and procedures stated below and pursuant to the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright
Act ("DMCA"). Media Breakaway removes infringing content under any valid
DMCA notification. Media Breakaway will take reasonable steps to contact
the user displaying the removed content so that a counter-notification may
be filed. Media Breakaway may provide copies of any copyright notices to
the participants in the dispute or third parties in Media Breakaway's sole
discretion and as may be required by law.
This Copyright Policy may be amended from time to time in Media Breakaway's discretion and pursuant to applicable law. Amended versions of this policy will be effective upon posting on the Media Breakaway Website. Questions concerning the Media Breakaway Copyright Policy should be directed to Email: legalnotices@mediabreakaway.com .
You are encouraged to consult legal counsel prior to filing a notification to confirm the legal requirements for filing a claim. This is not legal advice and should not be construed to be legal advice. Any person who knowingly and materially misrepresents that activity or material is infringing may be subject to liability under the DMCA.
Notification:
Any notice of copyright infringement must be contained in a written communication provided to the designated Copyright Agent that includes substantially the following:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Provide information reasonably sufficient to locate the copyrighted work on the Media Breakaway Website.
3. Provide a reasonably sufficient method of contacting you such as phone number and email address.
4. Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. Screenshots and URLs are helpful to identify the works in question.
5. Include the following statement: "I have a good faith belief that the use of the copyrighted materials described above and contained on the Media Breakaway Website is not authorized by the copyright owner, its agent, or by protection of law."
6. 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."
7. Provide an authorized signature on the notice.
Send the written document to the designated Copyright Agent at Media
Breakaway:
Media Breakaway, LLC
Attn:, Copyright Agent
1490 W. 121st Ave., Suite 201
Westminster, CO 80234
Fax: 303-920-7942
E-mail: legal@mediabreakaway.com
Counter-notification:
If you elect to file a counter-notice, such notice must be contained in a written communication provided to the designated Copyright Agent that includes substantially the following:
1. List the items that were removed by Media Breakaway and the location at which the material appeared before it was removed.
2. Provide your legal name, address, telephone number and email address.
3. State that "I consent to the jurisdiction of the Federal District Court for the judicial district in which I reside." Or if you reside outside of the United States: "I consent to the jurisdiction of the Federal District Court for the judicial district in Denver, Colorado."
4. State that: "I will accept service of process from the person who provided notification to Media Breakaway of the alleged infringement or an agent of such person."
5. State the following: "I swear, under penalty of perjury, that I have a good faith belief 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."
6. Provide an authorized signature on the notice.
Send the written document to the designated Copyright Agent at Media
Breakaway:
Media Breakaway, LLC
Attn: Copyright Agent
1490 W. 121st Ave., Suite 201
Westminster, CO 80234
Fax: 303-920-7942
E-mail: legal@mediabreakaway.com
