DMCA Notice and Takedown Procedure — Night Protocol LLC
1. Statement of Policy
Night Protocol LLC ("Company," "we," "us," or "our") respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA") of 1998, 17 U.S.C. § 512. This document describes the procedure for submitting and responding to claims of copyright infringement on content hosted on or accessible through any platform operated by Night Protocol LLC, including the corporate site at night-protocol.com and the community sites at theblackedlist.com, masscollab.net, the-siren.com, and the-cabin.net (collectively, the "Platform").
We will respond to clear notices of alleged copyright infringement that comply with the DMCA. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
2. Designated Agent
The Company has designated the following agent to receive notifications of claimed copyright infringement under the DMCA. All DMCA notices and counter-notices must be sent to the designated agent below. Notices sent to any other contact will not be processed.
- Designated Agent: Copyright Compliance, Night Protocol LLC
- Email (preferred): dmca@night-protocol.com
- Postal address: Night Protocol LLC, c/o Copyright Compliance, Wyoming registered agent on file with the Wyoming Secretary of State
The Company is registered with the U.S. Copyright Office's Designated Agent Directory (echacc.copyright.gov). Inclusion of the agent in the directory does not create any duty to act on notices that fail to comply with the DMCA's requirements.
3. Filing a DMCA Notice (Notice of Claimed Infringement)
To file a notice of claimed copyright infringement, you must provide a written communication to the designated agent that contains substantially all of the following elements, as required by 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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, including a URL or other information reasonably sufficient to permit Night Protocol to locate the material.
- Information reasonably sufficient to permit Night Protocol to contact the complaining party, including an address, telephone number, and, if available, an electronic-mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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.
Failure to include all of the elements listed above may result in the notice being deemed insufficient and not processed. Misrepresentations in a DMCA notice may subject the sender to liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f).
4. Counter-Notification
If you are a Platform user whose content has been removed or access to which has been disabled in response to a DMCA notice, you may submit a counter-notification to the designated agent. To be effective, a counter-notification must be a written communication 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.
- The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the federal district court for the judicial district in which the user's address is located, or, if outside the United States, for any judicial district in which Night Protocol may be found, and that the user will accept service of process from the person who provided the original notice or an agent of that person.
Upon receipt of a counter-notification that complies with these requirements, Night Protocol will forward a copy to the complaining party and inform that party that the removed material may be replaced or access restored in not less than 10 and not more than 14 business days, unless the designated agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain the user from engaging in infringing activity.
5. Repeat Infringer Policy
In accordance with the DMCA and applicable law, Night Protocol has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the accounts of users who are deemed to be repeat infringers. Night Protocol may also, at its sole discretion, limit access to the Platform or terminate accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Misrepresentations
Any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages under 17 U.S.C. § 512(f). Night Protocol reserves all rights to seek recovery against any person who submits a fraudulent DMCA notice or counter-notification.
7. No Legal Advice
The information provided in this document is offered for general informational purposes only and is not a substitute for legal advice. If you are unsure whether material is subject to copyright protection, whether your intended use is permissible, or how to file a DMCA notice or counter-notification, you should consult with an attorney.
8. Updates to This Procedure
Night Protocol reserves the right to modify this DMCA Notice and Takedown Procedure at any time, consistent with applicable law. Any modifications will be effective when posted on this page. Continued use of the Platform following any modification constitutes acceptance of the revised procedure.
9. Domains Covered
This DMCA Notice and Takedown Procedure applies to the following domains operated by Night Protocol LLC:
- night-protocol.com (corporate)
- theblackedlist.com
- masscollab.net
- the-siren.com
- the-cabin.net
Notices sent regarding any of the above domains should be directed to the single designated agent listed in Section 2 above.