CHEAT MASTERS

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

 

This policy on the Digital Millennium Copyright Act (“DMCA Policy”) governs Cheat Masters’ handling of complaints received pursuant to the DMCA relating to www.cheatmasters.com (“Website”) and the services provided though the Website by Cheat Masters, which owns and operates the Website, (collectively, “Website Services”).  Please read this policy carefully.  The policy provides instructions on how to submit a complaint to Cheat Masters and how Cheat Masters will respond to such complaints.

 

1.      Definitions

 

1.1.           “Content” means the content submitted by third parties on the Website and through the “Website Services.”

 

1.2.           “DMCA” means the Digital Millennium Copyright Act located, in part, at 17 U.S.C. § 512.  The full text of the DMCA may be found at www.copyright.gov.

 

1.3.           “DMCA Policy” means the terms specified herein.

 

1.4.           “Infringed Work” means the copyrighted work that has allegedly been infringed by Content on the Website.

 

1.5.           “Infringement Notification” means any notification received by Cheat Masters that specifically complies with the provisions in Section 3 of this DMCA Policy.

 

1.6.           “Removed Content” means Content removed by Cheat Masters pursuant to an Infringement Notification.

 

1.7.           All other terms herein shall be construed in accordance with the Terms and Conditions of Use of the Cheat Masters Website, located at http://www.cheatmasters.com/TOU.php.

 

2.      Content available through the Website Services may be protected by the intellectual property laws of the United States and other countries.  Cheat Masters is not responsible for any Content accessible through the Website Services that may violate the intellectual property of a Member or third party.

 

3.      Infringement Notification.  If you feel that Content available through the Website Services infringes your copyright(s), you may file an Infringement Notification in accordance with the procedure detailed below.

 

3.1.           Filing an Infringement Notification.  To file an Infringement Notification, you may contact us by facsimile, regular mail, or electronic mail at the contact information provided below. 

 

3.1.1.    Infringed Work.  You must specify with detail the copyrighted work that you believe has been infringed (“Infringed Work”).  If available, you must also attach proof of registration of the Infringed Work with the United States Copyright Office.

 

3.1.2.    Infringing Content.  You must specify with detail the Content that you believe infringes the Infringed Work (“Infringing Content”). 

 

3.1.2.1.                     You must identify the specific location of the Infringing Content on the Website. 

 

3.1.2.2.                     Where the Infringing Content appears within a particular webpage, you must specifically identify the applicable Infringing Content within the page.

 

3.1.2.3.                     It shall be insufficient to merely identify a particular webpage where only a portion of the Content on that webpage happens to be the Infringing Content.

 

3.1.3.    Contact Information.  You must provide reasonably sufficient contact information such that Cheat Masters or its legal counsel may contact you.  Cheat Masters suggests providing your name, telephone number(s), mailing address, electronic mail address, and facsimile number.

 

3.1.3.1.                     If available, you must also provide Cheat Masters with contact information for the individual(s) alleged to have posted the Infringing Content sufficient for Cheat Masters to provide notice to the individual alleged to have infringed the Infringed Work.

 

3.1.4.    Signed Statement.  You must provide Cheat Masters with a statement made in accordance with Section 512(c)(3) of the Copyright Act that has been signed, physically or electronically, by a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you file your Infringement Notification by electronic mail, you must additionally send this signed statement to Cheat Masters via regular mail or facsimile.  Cheat Masters recommends that the statement be notarized.

 

3.1.4.1.                     The sworn statement must include 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.”

 

3.1.4.2.                     The sworn statement must include 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.”

 

3.2.           False Notifications.  In accordance with Section 512(f) of the Copyright Act, you will be liable for damages including, but not limited to, attorney’s fees and costs if you misrepresent that a Member’s Content infringes your works.  Accordingly, Cheat Masters recommends that you first contact an attorney prior to submitting any Infringement Notification.

 

4.      Counter Notification.  Cheat Masters may remove allegedly Infringing Content once it receives an Infringement Notification substantially compliant with Section 3.  If you believe that Cheat Masters has wrongfully removed your Content, you may file a Counter Notification pursuant to Sections 512(g)(2) and (3) of the DMCA and as described below.

 

4.1.           Filing a Counter Notification.  To file a Counter Notification, you may contact us by facsimile, regular mail, or electronic mail at the contact information provided below. 

 

4.1.1.    Removed Content.  You must specify with detail the Content that Cheat Masters has removed (“Removed Content”) and the location at which the Removed Content appeared before it was removed or access to it was disabled.

 

4.1.2.    Contact Information.  You must provide reasonably sufficient contact information such that Cheat Masters or its legal counsel may contact you.  Cheat Masters suggests providing your name, telephone number(s), mailing address, electronic mail address, and facsimile number.

 

4.1.3.    Signed Statement.  You must provide Cheat Masters with a statement made in accordance with Section 512(g) of the Copyright Act that has been signed, physically or electronically, by the Member.  If you file your Counter Notification by electronic mail, you must additionally send this signed statement to Cheat Masters via regular mail or facsimile.  Cheat Masters recommends that the statement be notarized.

 

4.1.3.1.                       The statement must include a “statement under penalty of perjury that the subscriber 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.”

4.1.3.2.                     The statement must include a “statement that the subscriber consents to the jurisdiction of the Federal District Court for the Southern District of Ohio, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”

 

4.2.           False Notifications.  In accordance with Section 512(f) of the Copyright Act, you will be liable for damages including, but not limited to, attorney’s fees and costs, if you misrepresent that your Content is not infringing the copyrights of others. Accordingly, Cheat Masters recommends that you first contact an attorney prior to submitting any Infringement Notification.

 

4.3.           Forwarding your Counter Notification.  When Cheat Masters receives your Counter Notification, we will forward it to the party who originally submitted the Infringement Notification.  Please note that when Cheat Masters forwards your Counter Notification, it will include the contact information you have provided.  By submitting a Counter Notification, you consent to having your information used in this way. 

 

5.      Account Termination.  Cheat Masters reserves the right to terminate the Account of any Member who repeatedly files false Infringement Notifications, files false Counter Notifications, or infringes the copyrights of others.

 

6.      Contact Information.  Please direct all correspondence including Infringement Notifications and Counter Notifications to: