DMCA Policy

Digital Millennium Copyright Act (DMCA) Policy

ModLand 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, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, ModLand will respond expeditiously to claims of copyright infringement committed using the ModLand service that are reported to ModLand's Designated Copyright Agent.

Reporting Copyright Infringement

If you are a copyright owner, or authorized to act on behalf of one, and you believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to ModLand by providing our Designated Copyright Agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
2. 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.
3. 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 ModLand to locate the material.
4. Information reasonably sufficient to permit ModLand to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. 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.
6. 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 owner of an exclusive right that is allegedly infringed.

Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

1. Your physical or electronic signature.
2. 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.
3. A statement under penalty of perjury 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.
4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in Digital City, 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, ModLand 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, at ModLand's sole discretion.

Repeat Infringers

ModLand 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 counter-notification, ModLand will treat the underlying DMCA notice as withdrawn.

ModLand reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding ModLand's Terms of Service.