Home / Legal / DMCA

DMCA

Digital Millennium Copyright Act
© Photograph by Alpha Moon

We at Atmostfear Entertainment S.A.S. (“we”, “us” or “our”) are committed to protecting intellectual property rights of others. This Digital Millennium Copyright Act (“DMCA”) notice applies to our website, including our associated mobile applications (“apps”), owned and controlled by us.

We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate your ability to use the services offered on our website and/or terminate your access to our website for users who infringe the intellectual property rights of others.

If you believe that material available on our website, infringes on your copyright(s), please notify us by submitting a DMCA notice. After we receive a valid and complete notice, we will analyse legal complaints and requests for removal of our online published materials. Shortly after we receive a proper copyright infringement complaint, we will suspend the material publish, initiate and conduct an internal investigation, and make a good faith attempt to contact the user who uploaded the material in question, through e-mail.

By using this website, publishing an article, placing an order with us on this website or through other means, by clicking the “Add to basket” button, or checking the terms and conditions box, you agree to our Terms of Service set forth below, including, without limitation, the Privacy Policy. Additionally, you may consult an article titled ‘The problem with permission‘ which also details numerous issues which we face while asking proper permission to authors of Open Access publishings.

We are a publishing platform where users often use copyrighted materials in commentary, journalism, or transform the materials into something original. As such, before submitting a report notice, it is essential to consider whether the material used falls under fair use. If you are not sure whether content located on our website infringes on your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.

Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third-parties such as Lumen. A note will also be placed on the website in question detailing the name of the copyright owner who submitted the takedown notice.

In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.


Reporting Infringement

If you believe that your work is the subject of copyright and/or trademark infringement and appears on our website, please provide our designated agent with all of the following information by filling in the form below with the following information:

  • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work and/or trademark claimed to have been infringed or, if multiple works are covered by a single notification, a representative list of such works on the website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on our website, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright and/or trademark owner, its agent or the law;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Agent

All notifications of claimed copyright or trademark infringement will be sent to our designated agent.

Misrepresentations

Please note that for purposes of copyright infringement under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid DMCA take-down notice that we have received.

If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all of the following information:

  • Your physical or electronic signature;
  • 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 from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which Atmostfear Entertainment may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

As required by the DMCA, we have the policy to terminate users or content that we consider being repeated infringers. Although we will not share the specifics of our repeat infringer policy, we believe that it strikes the right balance: it protects the rights of copyright owners and protects legitimate users from wrongful termination.

Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or our website.

  • Information

    Please note that the following contact details are only for private use by our staff to reply back to your inquiries.
  • Complaint

  • Your legal relationship to the person on whose behalf this request is made
  • Drop files here or
    Accepted file types: jpg, png, pdf.
    To prevent fraudulent removal requests from people impersonating others, trying to harm competitors, or improperly seeking to suppress legal information, we need to verify the identity of the person on whose behalf the request is made (the relevant individual). A passport or other government-issued ID is not required. You may obscure parts of the document (e.g. ID number) as long as the remaining information identifies the relevant individual. You may also obscure any photograph in the identification document, unless you are asking for the removal of pages that include photographs of the relevant individual. We will use this information solely to help us assess and document the authenticity of your request and will delete the copy within a month of closing your removal request except as otherwise required by law.
  • Location (URL) of the unauthorized material on our website (NOT simply the primary URL of the site - www.atmostfear-entertainment.com; you must provide the full and exact permalink of the post, page, or media file where the content appears. We ask you to please submit notices for only one article at a time.
  • Please describe the copyrighted work so that it may be easily identified
  • Statements

    Please read the following statements, and check the boxes to confirm that you agree.
  • By typing your full name above, you are providing us with your digital signature, which is as legally binding as your physical signature. Please note that your signature must exactly match the first and last names that you entered at the top of this form in order for your submission to be successful.
    We will use the personal information that you supply on this form (including your e-mail address and any ID information) and any personal information you may submit in further correspondence for the purposes of processing your request and meeting our legal obligations. We may share details of your request with data protection authorities, but only when they require these details to investigate or review a decision that we have made. That will normally be because you have chosen to contact your national DPA about our decision. Where URL(s) have been removed from our website results as a result of your request, we may provide details to the relevant developer(s) of the URL(s) that have been removed.
  • This field is for validation purposes and should be left unchanged.

This document was last updated on September 6th, 2018