Digital Millennium Copyright Act (DMCA)It is phoneky's policy to work with copyright owners to protect their intellectual property and to ensure that unauthorized content is not distributed via the phoneky network. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the service, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to info phoneky.com and provide us with the following information (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right 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 the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and email address;
v. A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
vi. A statement that information in the complaint is accurate and that complaining party is authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
To qualify for exemption under the safe harbor provisions, phoneky will give notice to its users of its policies regarding copyright infringement and the consequences of repeated infringing activity. [512(i)(1)(A)]
In section 512(f) of the Copyright Act, if the copyright owner misrepresented its claim regarding the infringing material, the copyright holder then becomes liable for any damages that resulted from the improper removal of the material.
Please note that this procedure is exclusively for notifying phoneky and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with phoneky's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In act 512(g), phoneky will ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights by notifying the subscribers if their materials have been removed and to provide them with an opportunity to send written notice to phoneky stating that the material has been wrongly removed.
If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, phoneky will notify the claiming party of the individual's objection. If the copyright owner does not bring a lawsuit in district court within 14 days, phoneky will restore the material to its location on its network. A proper counter-notice must contain the following information:
i. The subscriber's name, address, phone number and physical or electronic signature;
ii. Identification of the material and its location before removal;
iii. A statement under penalty of perjury that the material was removed by mistake or misidentification; and
iv. Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.
In accordance with the DMCA and other applicable law, phoneky has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. phoneky may also at its sole discretion limit access to the service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
For more information about the PHONEKY Terms of Service, please see https://phoneky.com/my/?p=terms
PHONEKY Copyright Agent contact information:
Copyright Agent Email: info phoneky.com