Pirated Material Is Prohibited:
The posting or distribution of unauthorized copies of intellectual property such as movies, television, music, games, comics and software programs via SuperHeroHype is prohibited. (See Terms of Use Agreement, Section 5 "User Content"
http://www.craveonline.com/termsofuse?site=www.superherohype.com). In addition to the Three-Strike Rule, any violation of this prohibition may be punished at the Company's sole discretion via warning, infraction, probationary, or permanent ban, including without limitation: First Strike: One Week Probation; Second Strike: Two Weeks Probation; Third Strike: Permanent Ban. Don't Be A Pirate!
The Three-Strike Rule: When a copyright owner provides the Company with written notice that a member does not have permission to post the copyright owner's content on SuperHeroHype, the Company is required by law to remove or disable the content. If the Company receives a legal notice under the Digital Millennium Copyright Act ("DMCA") asking the Company to take down content that you have posted or made available via SuperHeroHype, the content will be removed or disabled and you will receive a "strike" against your account. If you receive three unresolved strikes, your account will be terminated and you will not be allowed to create a new account.
How to Resolve a Strike: You can resolve a strike by (1) submitting a counter notification in compliance with the DMCA (see "How to Submit a DMCA Counter Notification"); (2) working directly with the copyright claimant to resolve the issue and obtaining a retraction of the DMCA notice from the copyright claimant; or (3) waiting for the strike to expire. A strike will expire after one year provided you have not received any additional strikes during the one-year period.
Infractions: Please note, the Three-Strike Rule described in these FAQs is separate from and in addition to other rights and responsibilities that are outlined in the Terms of Use Agreement and elsewhere. For more information on infractions and the general rules of the forums, please visit:
http://forums.superherohype.com/showpost.php?p=18640651&postcount=2
How to Submit a DMCA Counter Notification: A DMCA "counter notification" is a legal request by you asking the Company to repost or relink content that the Company removed for alleged copyright infringement. Under the DMCA, the counter notification process may be used only where the content was removed as a result of a mistake or misidentification. If content you posted has been misidentified as infringing, you may submit a counter notification to editor @ superherohype.com which must include the following:
· The member's physical or electronic signature;
· Identification of the content that has been removed and the location where it appeared before it was removed;
· A statement under penalty of perjury that the member has a good faith belief that the material was removed as a result of mistake or misidentification;
· The member's name, address, and telephone number;
· A statement that the member consents to the jurisdiction of the Federal District Court for the judicial district in which the members address is located (or any judicial district if your address is outside the United States) and will accept service of process from the person or entity who provided the DMCA notification.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that content was removed or disabled due to mistake or misidentification may be liable for damages. The counter notification must be submitted by the original uploader of the content or by an attorney or other agent authorized to act on his or her behalf. The Company will forward the counter notification, including the members name and contact information, to the person or entity that filed the DMCA notice, which person or entity may file a lawsuit against the member for copyright infringement. If the Company does not receive notice that a lawsuit has been filed within ten business days after we send the counter notification, the Company will restore the removed content.
