Last Updated: January 1, 2022
Happening Out Television Network respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that they do not infringe any third-party copyrights.
Happening Out Television Network will promptly remove materials from the Happening Out Television Network site or the Happening Out Television Network application in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Happening Out Television Network may, in appropriate circumstances, terminate the account of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content – for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and e-mail address (if any).
A description of the copyrighted work that you claim has been infringed.
A description of where on the Happening Out Television Network site the material that you claim is infringing may be found, sufficient for Happening Out Television Network to locate the material (e.g., the URL)
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
You may submit this information via:
E-Mail: contact@HappeningOut.com
Filing a DMCA Counter-Notification to Restore Removed Content – for Happening Out Television Network Users
If you believe that your material has been removed by mistake or misidentification, please provide Happening Out Television Network with a written counter-notification containing the following information:
Your name, address, telephone number, and e-mail address (if any).
A description of the material that was removed and located on the Happening Out Television Network site (e.g., the URL) where it previously appeared.
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.
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, any judicial district in which Happening Out Television Network may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
Your electronic or physical signature.
You may submit this information via:
E-Mail: contact@HappeningOut.com
Please Note: We will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.
Repeat Infringer Policy
Happening Out Television Network will terminate user accounts that have been the subject of three (3) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Happening Out Television Network will treat the underlying DMCA notice as withdrawn.
Happening Out Television Network reserves the right to terminate user accounts that are subject to fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding Happening Out Television Network’s Terms of Service.
Warning
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. Under Section 512(f) of the U.S. Copyright Act, 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you have questions about the legal requirements of a DMCA notice please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
