Copyright Compliance Policy
This is the official copyright compliance policy (“Copyright Compliance Policy”) for the digimonfusion.com website (“Site,” “we,” “us,” or “our”), a Site owned by SCG Characters LLC (“SCG”).
As owners of intellectual property, SCG seeks to protect both its own copyrights and the copyrights of third parties whose intellectual property is posted on the Site. SCG follows the following procedures with respect to materials posted on the Site which may infringe the copyrights of third parties.
I. How to Send a Notice of Copyright Infringement
If you believe that your work appearing on the Website has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent at the address set forth below with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:
- a description of the copyrighted work that you claim has been infringed;
- a description of the location where the material that you claim is infringing is located;
- a statement by you that you have a good faith belief that the reported use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- your name, address, telephone number, and, if available, email address but only if you are 13 or older (if you are not yet 13, your parent or guardian should provide the parent or guardian’s name, address, telephone number and, if available, email address);
- a statement by you (or by your parent or guardian if you are under the age of majority in your state of residence), made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf; and
- an electronic or physical signature by the person making the submission (i.e., you or such other person authorized to act on behalf of the copyright holder). If the submission is made electronically, to satisfy the signature requirement please designate the electronic signature by typing a forward slash before and after the name of the authorized person making the submission (e.g., /Jane Doe/).
Upon receipt of information from you that substantially complies with all of the requirements set forth above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes copyright infringement, we will remove, or “take down” the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. Please do not contact our DMCA copyright agent for inquiries other than those relating to alleged copyright infringement.
For copyright infringement inquiries under the DMCA please contact:
Saban Brands LLC
Attn: Legal Department
10100 Santa Monica Blvd.
Los Angeles, CA 90067
Fax: (424) 204-9395
Please do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service, etc.) to the address set forth above. You may not receive a response if your inquiry on related to a possible copyright infringement is sent to that address.
II. How to Send a Counter-Notice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counter-notice to our designated agent for receiving notices of infringement, whose name and contact information is set forth above.
Your counter-notice must be in the form of a written communication and must include substantially the following information:
- A physical or electronic signature of the subscriber (you the user).
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counter-notice that complies with these requirements, we reserve the right to restore the material that was removed after forwarding a copy of the counter-notice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may re-post the material at our discretion. However, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the user who posted the material. In particular, a user who sends a counter-notice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING IN YOUR NOTICE UNDER THE DMCA OR IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING IN YOUR COUNTERNOTICE, YOU MAY BE SUBJECT TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
III. Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has posted materials on the Site with respect to which we have received a notice of infringement under this Copyright Compliance Policy with regard to at least two separate postings.
IV. Effective Date
This Copyright Compliance Policy is effective as of September 6, 2013.