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DMCA Policy

DMCA Policy for Toxic Town

Toxic Town respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website, Toxic Town will respond expeditiously to claims of copyright infringement committed using the Toxic Town service and/or website (the "Site") if such claims are reported to Toxic Town's Designated Copyright Agent identified below.

This policy describes the information that should be present in a notice of alleged copyright infringement and how Toxic Town will respond to such notices, as well as how to file a counter-notification if your content has been removed due to a copyright claim.

Filing a Notice of Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Toxic Town's Designated Copyright Agent.

Upon receipt of a valid DMCA Notice, Toxic Town will expeditiously remove or disable access to the allegedly infringing material. Toxic Town will also take reasonable steps to notify the user who posted the allegedly infringing content (the "Subscriber") that it has removed or disabled access to the material.

Your DMCA Notice must be in writing and substantially contain the following information:

  1. 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.
  2. 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 disabled, and information reasonably sufficient to permit Toxic Town to locate the material. Please provide URLs or other specific identifying information.
  3. Information reasonably sufficient to permit Toxic Town to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  4. 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.
  5. 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 copyright owner of an exclusive right that is allegedly infringed.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a Counter-Notification with Toxic Town's Designated Copyright Agent. Under the DMCA, you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a product or activity is not infringing the copyrights of others.

To file a Counter-Notification, you must provide a written communication that substantially includes the following:

  • 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 Toxic Town 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.

Please note that Toxic Town may, in its sole discretion, restore the removed material if a valid counter-notification is received. Toxic Town will forward the counter-notification to the original complaining party. 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 Toxic Town's sole discretion.

For more information on contacting our Designated Copyright Agent, please visit our Contact Us page.