← Back to Home

DMCA Policy

DMCA Policy

Nymag Kindergarten respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy of responding to notices of alleged infringement that are properly provided to us. Our policy is to remove any infringing material and terminate access for repeat infringers, when appropriate.

Filing a DMCA Takedown Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via Nymag Kindergarten's services, you may notify our designated copyright agent, as set forth below. For your notice to be effective under the DMCA, you must include substantially the following:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  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 to which is to be disabled, and information reasonably sufficient to permit Nymag Kindergarten to locate the material (e.g., URL of the specific page or post).
  3. Information reasonably sufficient to permit Nymag Kindergarten 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 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.
  5. 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.
  6. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Upon receipt of a valid notice, Nymag Kindergarten will promptly remove or disable access to the infringing material and take reasonable steps to notify the user who posted the material.

Filing a DMCA Counter-Notification

If you believe that material you posted on Nymag Kindergarten was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification. For your counter-notification to be effective, you must provide a written communication that includes substantially 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 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 U.S., for any judicial district in which Nymag Kindergarten 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.

Upon receipt of a valid counter-notification, Nymag Kindergarten may send a copy 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 Nymag Kindergarten's discretion.

For all DMCA-related inquiries, please contact us via our Contact Page.