DMCA Copyright Infringement Takedown Notification Policy:
It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512, (“DMCA”) and other applicable intellectual property laws. BMGI respects the legitimate rights of copyrights owners and has adopted an efficient notice and takedown procedure as required and described by the DMCA. If you believe that any content hosted on our web site (www.bmgi.com) infringes on your copyrights, then you may submit a notification pursuant to the DMCA by providing BMGI's Designated Copyright Agent with the following information in writing or via email (please consult your legal counsel or see 17 U.S.C. § 512(c)(3) to confirm these requirements):
(i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
(ii) 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.
(iii) 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 BMGI to locate the material. Please include the URL or link to the material on the website of each and every claim of infringement. We cannot take action on nonspecific claims based on search queries, title, keywords name, or resemblance to another work that do not comport with the DCMA or applicable copyright laws.
(iv) Information reasonably sufficient to permit BMGI 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.
(v) 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.
(vi) 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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
A copy of your notice (with your personal contact information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. A link to your published notice may also be displayed in BMGI's search results in place of the removed material.
Send the written communication to the following address:
BMGI Attn: Designated Copyright Agent
1200 17th St, Suite 180
Denver, CO, 80202
or fax to:
(775) 429.4091
Attn: Designated Copyright Agent
or email to:
DMCA@BMGi.com
Subject: DMCA copyright infringement notification
DMCA Counter-Notification Policy:
After receiving a proper notification of alleged infringement, BMGI will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, BMGI will give the project administrator(s) of the affected website or the provider of affected material with a copy of the notice.
The administrator of an affected website or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the DCMA. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter-notification. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by fax, postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.)
To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that BMGI has removed or has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in Denver County, Colorado (if your address is outside of the United States, for any judicial district in which BMGI may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to BMGI.
e. Send written communication to the following address: Send the written communication to the following address:
BMGI
Attn: Designated Copyright Agent,
1200 17th St, Suite 180
Denver, CO, 80202
or fax to:
775.429.4091
Attn: Attn: Designated Copyright Agent
or email to:
DMCA@BMGi.com
Subject: DMCA copyright infringement notification
Upon receipt of a counter notification in substantial compliance with the DMCA, BMGI will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly.
After receipt of the counter notification, BMGI will generally replace the removed material and cease disabling access to it, unless BMGI's designated agent first receives notice from the person who submitted the initial notification that such person has timely filed an action seeking a court order regarding the removed material per the DCMA.