DMCA Policy

Nick Via is committed to respecting the intellectual property rights of others and expects its users to do the same. This DMCA Policy outlines our procedures for addressing alleged copyright infringement under the Digital Millennium Copyright Act (DMCA).

It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Nick Via services, please notify our designated Copyright Agent as set forth below.

Filing a DMCA Infringement Notice

If you believe that material available on Nick Via infringes on your copyright, you may send us a copyright infringement notice. For your notice to be valid under the DMCA, you must provide substantially the following information in writing:

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.
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, and information reasonably sufficient to permit Nick Via to locate the material.
Information reasonably sufficient to permit Nick Via to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
A statement that the complaining party has a good faith belief that 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.
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements of Section 512(c)(3) of the DMCA may result in the invalidity of your DMCA Notice.

Submitting a DMCA Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to us. Your counter-notification must be in writing and contain substantially the following information:

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 you have a 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.
Your name, address, and telephone number.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Nick Via may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Your physical or electronic signature.

If a counter-notification is received by Nick Via, we may send a copy of the counter-notification to the original complaining party informing that person that Nick Via may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at our sole discretion.

All notices and counter-notifications should be sent via our contact page: Contact Us.