DeNA Co., Ltd. ("DeNA") respects the intellectual property rights of others and expects users of its sites, message boards, fora, applications, networks, portals, systems, servers, services, and games (collectively, "Services") to behave likewise. Accordingly, users may not upload, post, send, or transmit to or through our Services any materials that violate third party intellectual property rights, including under United States copyright law and copyright laws of other countries and territories.
If you believe that any copyrighted work owned or controlled by you has been used without authorization on or through Services of DeNA, you may notify DeNA's designated agent as provided below.
Please note, however, that in order for your notification to be legally effective for the purposes of the United States Digital Millennium Copyright Act ("DMCA"), any notification provided by you must comply with 17 U.S.C. § 512(c)(3) of the DMCA as a written communication that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) 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 us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) 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
(vi) 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.
By submitting a notification, you consent to your name and any contact details you have submitted being provided to the subscriber or account holder responsible for posting the content the subject of your notification.
Please send your complete notice of claimed infringement to the attention of our designated agent pursuant to the DMCA and other applicable laws ("Designated Agent"), whose contact details are as follows:
Attn: DeNA Designated Agent
Shibuya Scramble Square, 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140, Japan
Please note that responses to proper notifications under the DMCA or other applicable laws may include removing or disabling access to data or material claimed to be infringing and/or suspension, restriction, or termination of access to Services. In the event of any removal or disablement in response to a notification, reasonable steps shall be taken to contact the person in respect of whom such action was taken so as to permit such person to provide a counter notification pursuant to the DMCA or other applicable laws ("Countering Party"), which may include providing Countering Party with the content of the original notification. Where a counter notification is received, such data or materials may be reinstated in accordance with applicable law.
A counter notification may be provided to our Designated Agent indicated above; provided, however, that to be legally effective for the purposes of the DMCA, a counter notification must include substantially the following:
(i) Countering Party's physical or electronic signature;
(ii) 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;
(iii) A statement under penalty of perjury that Countering Party has 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; and
(iv) Countering Party's name, address, and telephone number, and a statement that Countering Party consents to the jurisdiction of the Federal District Court for the judicial district in which Countering Party's address is located, or if Countering Party's address is outside of the United States, for any judicial district in which DeNA may be found, and that Countering Party will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) of the DMCA or an agent of such person.
A copy of your counter notification may be provided to the party who submitted a notification, and by submitting a counter notification, you consent to your name and any contact details you have submitted being provided to the notifying party.
You should be aware that you may be liable under the DMCA or other applicable laws for any damages, including costs and attorneys' fees, incurred by person(s) injured as a result of any material misrepresentation you knowingly make that material or activity (a) is infringing; or (b) was removed or disabled by mistake or misidentification.
Without any limitation of, or prejudice to, DeNA's other rights under contract or at law, in accordance with the DMCA and other applicable laws it is a policy of DeNA to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by users of our Services who are repeat infringers. We further reserve the right to terminate or suspend accounts of users in our sole discretion.
This notice is provided so as to comply with provisions of the DMCA and other applicable laws as are relevant to DeNA; it is not intended and may not be taken as, or relied upon in any way as, legal advice. We encourage you to familiarize yourself with the requirements of the DMCA and other applicable laws, or to consult an attorney, before providing any notification or counter notification of any kind to us.
If you are physically located in Canada, the following terms apply.
In the section titled “Notification of Claimed Infringement” replace the second and third paragraphs with the following:
Please note, however, that in order for your notification to be legally effective for the purposes of the Canadian Copyright Act, any notification provided by you must include substantially the following:
Your notification may not contain any of the following:
In the section titled “Processing of Notifications and Counter Notifications” replace the first sentence with the following:
Please note that responses to proper notifications under the DMCA or other applicable laws may include forwarding your notification to the alleged infringer, removing or disabling access to data or material claimed to be infringing and/or suspension, restriction, or termination of access to Services.