Legal / DMCA

1. NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you are a copyright holder who has a good faith belief that information available on our Site infringes your work (“Complaining Party”), please provide a written notice of the alleged copyright infringement with the information listed below in this Section 13 (“Infringement Notice”). The Infringement Notice must be sent to our designated agent ("Designated Agent"):

Shaliz Sadig, Esq.
Romano Law PLLC
55 Broad St, 18th Floor
New York, NY 10004

Phone: (212) 865-9848
Email: Shaliz@RomanoLaw.com with a copy to DMCA@digitaldjpool.com.

A notification of claimed copyright infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) must include the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
  2. Specific identification of each copyrighted work claimed to have been infringed, including, if applicable, the Copyright Registration Certificate Number;
  3. A description of where the material believed to be infringed is located on the DJ Pool;
  4. Contact information for the complaining party, such as a complete name, address, telephone number and email address;
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. 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.

The Infringement Notice, pursuant to the Digital Millennium Copyright Act (“DMCA”), must include the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed. Whoever signs the notice should also identify whether they are the copyright owner or an agent of the owner;
  2. Specific identification of each copyrighted work claimed to have been infringed, including the title of the work;
  3. A description of where the material believed to be infringed is located on the Site (for example you can provide a link);
  4. Contact information for the Complaining Party, such as a complete name, address, telephone number and email address; and
  5. The following two statements:
    1. “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).”
    2. “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.”

Please be aware that if you knowingly materially misrepresent that the material is infringing, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Upon receipt of an Infringement Notice, containing the necessary information and statements specified in this Section 13, we will promptly: (a) disable or remove access to the material that is allegedly infringing; (b) forward the Infringement Notice to such alleged infringer (“Infringement Notification Recipient”); (c) take reasonable steps to notify such Infringement Notification Recipient that we have removed or disabled access to the materials and that such Infringement Notification Recipient has the right to file a Counter-Notification (as defined below in Section 14).

Complaining Party acknowledges that if the Complaining Party fails to comply with all of the requirements of this Section 13, the Infringement Notice may not be valid and Digital DJ Pool is not obligated to promptly remove the requested content.

2. COUNTER-NOTIFICATION

If the Infringement Notification Recipient have a good faith belief that Digital DJ Pool disabled or removed material you posted by mistake or misidentification, the Infringement Notification Recipient may provide a written counter notice with the information listed below in this Section 14 (a "Counter-Notification") to our Designated Agent listed in Section 13, with a copy to DMCA@digitaldjpool.com. The Counter-Notification, pursuant to the DMCA, must be a written communication provided by an Infringement Notification Recipient to our Designated Agent, with a copy to DMCA@digitaldjpool.com, by e-mail, fax or regular mail, and must include the following:

  1. A physical or electronic signature of the Infringement Notification Recipient;
  2. Specific identification of each copyrighted work that has been removed or to which access has been disabled;
  3. A description of where the material was located before it was removed or access to it was disabled (for example you can provide a link);
  4. Contact information for the Infringement Notification Recipient, such as a complete name, address, telephone number and email address; and
  5. The following two statements:
    1. “I hereby state under penalty of perjury that I have 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.”
    2. “I hereby consent to the jurisdiction of Federal District Court where I am located or where Digital DJ Pool is located if I am located outside the United States, and that I will accept service of process from the person who provided the infringement notice or an agent of such person.”

Upon receipt of a Counter-Notification containing the information as outlined above in this Section 14:

  • Digital DJ Pool will provide the Complaining Party, with a copy of the Counter-Notification;
  • Digital DJ Pool will inform the Complaining Party that it will replace the removed content or cease disabling access to the content within ten (10) business days;
  • Digital DJ Pool will replace the removed content or cease disabling access to the content within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided the Designated Agent has not received notice that an action has been filed seeking a court order to restrain the Infringement Notification Recipient from engaging in infringing activity relating to the content on the Site’s network or system.

Please be aware that if you knowingly materially misrepresent that Digital DJ Pool, by mistake or misidentification, removed the material or disabled access, you may be liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If the Complaining Party disagrees that the Infringement Notice is mistakenly filed, the Complaining Party may file a lawsuit to keep the allegedly infringing content disabled. An Infringement Notification Recipient should contact an attorney to thoroughly investigate the validity of the Infringement Notice prior to submitting a Counter-Notification.

3. REPEAT INFRINGER POLICY

Notwithstanding the fact that Digital DJ Pool has no legal obligation to monitor or screen the content or User’s activities on the Site, Digital DJ Pool reserves the right to remove or disable access to any content at any time, and to disable any User’s access to all content on the Site, for any reason and without liability, including without limitation, the belief that the content or User’s activity infringes or potentially infringes any copyrighted material, any third party rights, the content or User’s activity breaches any of the Terms or applicable law, and any content or User’s activity otherwise unacceptable to Digital DJ Pool.

Digital DJ Pool will terminate your Account and access to the Site and Services, and remove all data associated with your account from the Site, if Digital DJ Pool determines, in its reasonable discretion, that you are a repeat infringer or repeatedly breached the Terms.

Digital DJ Pool will terminate your Account without warning if ordered to do so by a court, or in other appropriate circumstances, as determined at Digital DJ Pool’s discretion. Digital DJ Pool does not offer any refund for any Account that is terminated as a result of such Account holder’s repeating infringement as described in this Section 15 or any violation of the Terms.