DMCA Policy
Birthday's copyright infringement policy
Introduction
Birthday respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent.
DMCA Notice of Alleged Infringement
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice and delivering it to our designated copyright agent.
Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Website.
DMCA Notice Requirements
To be effective, your DMCA Notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 us to locate the material.
- Information reasonably sufficient to permit us 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.
- 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.
- 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.
Counter-Notice
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our copyright agent:
- Your physical or electronic signature.
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
- Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in [your jurisdiction] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringers
We take copyright infringement very seriously. In appropriate circumstances, we may terminate the accounts of users who are repeat infringers of intellectual property rights, including copyrights.
Copyright Agent
Our designated copyright agent to receive DMCA Notices is:
DMCA Agent
Birthday
123 Calculator Street
Digital City, 10001
Email: dmca@birthday.com
Changes to Our DMCA Policy
We may update our DMCA Policy from time to time. We will notify you of any changes by posting the new DMCA Policy on this page and updating the "Last Updated" date at the top of this DMCA Policy.
You are advised to review this DMCA Policy periodically for any changes. Changes to this DMCA Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this DMCA Policy, please contact us:
- By email: dmca@birthday.com
- By visiting the contact page on our website: Contact Us