TopTopic DMCA Notice
Reporting Claims of Copyright Infringement
TopTopic takes claims of copyright infringement very seriously. We will respond to all notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”) and/or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to the material claimed to be infringing activity and/or termination of members TopTopic account, pursuant to our Terms and Conditions located at http://toptopic.com/pages/terms.
If you believe any material accessible on TopTopic infringes on your copyright, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
If we remove or disable access to material in response to such a notice, we will take reasonable steps to notify the user that uploaded the affected material that we have removed or disabled access to so that the user has the opportunity to submit a counter notification. It is our policy to document all notices of alleged infringement on which we act.
Filing a DMCA Notice of Copyright Infringement
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the termination of your account or other legal consequences.
We will accept free-form copyright infringement notifications, submitted by email (preferred), fax or mail. In that case, in accordance with the DMCA, the written notice (the “DMCA Notice”) must include substantially the following:
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. If your complaint does not contain the specific URL of the material you believe infringes your rights, we may be unable to locate and remove it. General information about the content, such as a Topic or member name, typically is not adequate. Please include the URL(s) of the exact content.
- Adequate information by which we may contact you (including your name, address, telephone number and e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.
- Our designated Copyright Agent to receive DMCA Notices is:
C/O TopTopic LLC
500 Yale Ave North
Seattle, WA 98109
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be considered valid.
Please be aware that if you knowingly materially misrepresent that content or activity on TopTopic is infringing your copyright, you may be held liable for damages (including, but not limited to, costs and attorneys fees) under Section 512(f) of the DMCA.
If you have received a DMCA Notice and believe that content you submitted to TopTopic was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification. Counter notifications must be submitted by the original submitter of the content, or an agent authorized to act on their behalf.
Counter-notices must be submitted to us by email (preferred), fax or mail:
C/O TopTopic LLC
500 Yale Ave North
Seattle, WA 98109
Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your name, address, phone number and physical or electronic signature.
- Identification of the allegedly infringing content and its location before removal or access to it was disabled.
- A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., for any judicial district in which the operator of TopTopic may be found), and that you will accept service of process from the person who originally provided us with the DMCA Notice or an agent of such person.
We will not respond to counter notifications that do not meet the requirements above.
After we receive your Counter Notice, we will forward it to the party who submitted the original DMCA Notice and inform that party that the removed material may be restored after 10 business days but no later than 14 business days from the date we received your Counter Notice, unless we first receive notice from the party who filed the original DMCA Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant or to law enforcement or parties that assist us with enforcing and protecting our rights.
Please be aware that if you knowingly materially misrepresent that content or activity on TopTopic was removed or disabled by mistake or misidentification, you may be held liable for damages (including, but not limited to, costs and attorneys fees) under Section 512(f) of the DMCA.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole and absolute discretion, the accounts of members who are deemed to be repeat infringers. We may also, at our sole and absolute discretion, limit access to TopTopic, terminate and/or disable the accounts of any members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.