Nooklyn’s Digital Millennium Copyright Act & Copyright Infringement Notice Policy

Nooklyn Inc. (“Nooklyn”) is designed with you in mind and expects its users to take care and respect the rights of others, including the intellectual property of others. Nooklyn will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3) (“DMCA”), available here, and pursuant to this Copyright Infringement Notice Policy. Nooklyn will respond expeditiously to claims of copyright infringement committed using the Nooklyn service, as defined in Nooklyn’s terms of use, if such claims are report to Nooklyn’s Designated Copyright Agent identified below.

DMCA Notice of Alleged Infringement (“Notice”)

If you are a copyright owner, 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 Site by completing a DMCA Notice of Alleged Infringement and delivering it to Nooklyn’s Designated Copyright Agent. Upon receipt of Notice as described below, Nooklyn will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.

• Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by your Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:
• "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
• "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all its completed, to Nooklyn’s Designated Copyright Agent:
  Copyright Agent
  Nooklyn, Inc.
  28 Scott Avenue, Suite #106
  Brooklyn, New York 11237
  copyright@Nooklyn.com

Counter-Notice and Replacement of Material

If Nooklyn provides notification that it has removed or disabled access to material posted by a Website user, the user may send a written counter notification in compliance with the DMCA and this Policy that includes substantially the following:

• A physical or electronic signature of the user.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the user 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.
• The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the Eastern District of New York, or if the user’s address is outside the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of the claimed infringement or an agent of such person.

Upon receipt of a valid counter notice, Nooklyn may send a copy of the counter notice to the original complaining party. Unless Nooklyn receives timely notice from the original complaining party that the person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material, Nooklyn may replace or restore access to the challenged material, in its sole discretion.

Nooklyn’s Policy Regarding Repeat Infringers

Nooklyn does not condone or tolerate copyright infringement or any violation of the intellectual property rights of Nooklyn or of others. Nooklyn reserves the right to terminate the access and/or use privileges of any person who has been determined to be a 'repeat infringer' of the copyrights of Nooklyn or others. Nooklyn reserves the right to define the criteria by which Nooklyn will determine that a person is a ‘repeat infringer.’ In the event that repeat infringer is defined by statute, law, or regulation as applicable to 17 USC § 512, Nooklyn will adopt that definition as a minimum standard. Without limiting Nooklyn’s right to define ‘repeat infringer,’ as a general rule, Nooklyn will define a ‘repeat infringer’ as any person or entity about whom Nooklyn has received two or more DMCA Notices of Alleged Infringement. Nooklyn will consider all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.

REGARDLESS OF WHETHER NOOKLYN TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, NOOKLYN IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL NOOKLYN INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY NOOKLYN WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.