Digital Millennium Copyright Act
If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If Switchbird takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Switchbird.
Your Infringement Notice may be forwarded to the party that made the content available or to other third parties.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
Please follow these steps to file a notice:
Verify that the page in question is hosted by Switchbird.
Contact the page owner directly.
If a contact form is available on the page, fill it out with your complaint to see if the matter can be resolved directly between you and the owner.
Send your complaint to our designated agent.
If the issue cannot be resolved directly with the page owner, send your complaint to our designated agent at:
Mr. Jonathan Hall
Junket Holdings, LLC
37 Green Hill Road, Kinnelon, New Jersey 07405
You must include the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Switchbird to find and positively identify that content; for example we require a link to the specific page (not just the name of the page owner) that contains the content and a description of which specific portion of the page – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
If an Infringement Notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a Switchbird user and access to your page been disabled for this reason, we will notify you. You then have the option to send us a written counter-notice (a Counter-Notice) stating why your content does not infringe copyrights and asking for access to be reinstated. Counter-Notices need to be sent to our designated agent set forth above and must include the following:
- Your name, address, phone number and physical or electronic signature;
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., the U.S. Federal District Court for the District of New Jersey), and that you will accept service of process from the person who originally provided us with the Infringement Notice (the “Copyright Holder”);
- Identification of the allegedly infringing content and its location before removal or disabling of access; and
- A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.