Copyright Notification

The Mommy Channel, LLC (“TMC”) DMCA (Copyright) Notifications and Counter-Notifications Process

 

Last Updated: October 2014

 

TMC respects the intellectual property of others. Videos curated by TMC are videos that are readily available across the Internet via open API’s and embed codes. Our curated content is set in a respectful environment with full attribution given to the content source.

 

Equally, we expect our members to respect the intellectual property of others. Each member is responsible for ensuring that the materials they upload to the TMC site(s) do not infringe any third party copyright.

 

TMC will promptly remove materials from its site(s) in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, TMC may, in appropriate circumstances, terminate member accounts of repeat copyright infringers.

 

Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

 

  • Your name, address, telephone number, and email address (if any).
  • A description of the copyrighted work that you claim has been infringed.
  • The URL for the video on the TMC site(s).
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Your electronic or physical signature.

 

You may submit this information via:

 

  • Email: dmca@themommychannel.com
  • Mail: The Mommy Channel, Inc., 38 Warren Street, Suite 3B, New York, NY 10007, Attn: Legal – Copyright Agent

 

Filing a DMCA Counter-notification to Restore Removed Content—for TMC Members

 

If you believe your material has been removed by mistake or misidentification, provide TMC with a written counter-notification containing the following information:

 

  • Your name, address, and telephone number.
  • A description of the material that was removed and the location on the TMC site(s) (e.g., the URL) where it previously appeared.
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which TMC may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  • Your electronic or physical signature.

 

You may submit this information via:

 

  • Email: dmca@themommychannel.com
  • Mail: The Mommy Channel, Inc., 38 Warren Street, Suite 3B, New York, NY 10007, Attn: Legal – Copyright Agent

 

TMC will send any complete counter-notifications received to the person who submitted the original DMCA notice. Please note that when we forward the notice, it will include your personal information. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.

 

Warning

 

For DMCA notices or counter-notifications: make sure that you have complied with all of the above requirements. If TMC requests additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.

 

All of the information you provide must be accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

 

TMC may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

 

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.