DMCA Notice Requirements

The information contained on this page constitutes information and not legal advice. The reader assumes all responsibility for any and all use of this information. Please consult your own legal advice for specific questions. This page may be updated periodically.

The following are requirements for submitting Digital Millennium Copyright Act (DMCA) notices of infringement and DMCA counter notices to Baphomart.

1. Notice Requirements

To report infringement to Baphomart’s designated representative, send a notice of infringement via email to legal@baphomart.com, which must include all of the following information:

1. A signature of a person authorised to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name
2. Identification in sufficient detail of the work allegedly infringed upon
3. Identification of the allegedly infringing material on Baphomart including the specific location of the material so that Baphomart can find it. For listings, please provide the listing URL to each item you allege is infringing
4. The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address
5. A statement that the notifier has a good faith belief that the material is not authorised by the intellectual property owner, its agent, or the law
6. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorised to make the complaint on behalf of the copyright owner.

If you misrepresent that material is infringing, you may be liable for damages (including costs and legal fees). Therefore, if you are not sure whether the material is infringing, please contact a solicitor before submitting a notice to Baphomart. Fraudulent or abusive notices or other misuse of Baphomart’s Intellectual Property Policy may result in account termination or other legal consequences.

2. Counter Notice Requirements

To submit a copyright counter notification to Baphomart’s representative, please reply to the email Baphomart sent informing you of the copyright infringement notice and takedown. Please include the requirements below.

If you have a good faith belief that material removed or disabled as a result of a notification of copyright infringement to Baphomart involved a misidentification or mistake, you may send a counter notice via email to legal@baphomart.com. A counter notice must include all of the following information:

1. Your signature, which may be provided electronically by typing your name
2. Identification of the material that has been removed or to which access has been disabled. For listings, please provide the Baphomart listing URL to each item before it was removed or disabled
3. A statement made 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
4. Your name, address, telephone number, and email address.
5. A statement that you consent to the jurisdiction of the Court for the judicial district in which you are located, or if your address is located outside the United Kingdom, for any judicial district in which Baphomart is located, and that you will accept service of process from the person who provided the original notification or an agent of such person.

If you misrepresent that material is not infringing, you may be liable for damages (including costs and legal fees). If you are not sure whether or not the material is infringing, please contact a solicitor before submitting a counter notice Baphomart. Fraudulent or abusive counter notices or other misuse of Baphomart’s Intellectual Property Policy may result in account termination or other legal consequences.