HitFix, INC Copyright Policy

Capitalized terms used herein, which are otherwise undefined, shall have the meanings attributed thereto in the HitFix Terms and Conditions of Use. This Copyright Policy was last updated October December 17, 2008. This Copyright Policy applies to you (“You” and “Your”) and all other users of the HitFix website and Network and the HitFix Programs and HitFix Service.

Take Down Notice:

If You are a copyright owner or an agent thereof and believe that any user Content or other Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • 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 and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that You have 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HitFix’s designated copyright agent (the “Copyright Agent”) to receive notifications of claimed infringement is: __________, _____________________, email: __________@HitFix.com, fax: __________. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.

Counter-Notice

If You believe that Content that was removed (or to which access was disabled) is not infringing, or that You are the copyright owner or have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, You may send a counter-notice (a “Counter-Notice”) containing the following information to the Copyright Agent:

  • o Your physical or electronic signature;
  • o Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • o A statement that You have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • o Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in Los Angeles, CA, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.

If a Counter-Notice is received by the Copyright Agent, HitFix may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content 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 content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the Counter-Notice, in HitFix’s sole discretion.