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.
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:
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 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.