DMCA: Digital Millennium Copyright Act Notice and Policy

Andrews McMeel Universal (“Andrews McMeel Universal,” “we,” or “us”), respects others' intellectual property rights and we require the users of www.GoComics.com, www.PuzzleSociety.com, www.ComicsSherpa.com, www.InfiniteCrosswords.com and other sites or applications, including mobile applications, owned and operated by Andrews McMeel Universal (each individually a “Site” and collectively the “Sites”) to do the same. Andrews McMeel Universal will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider (in this instance, Andrews McMeel Universal) concerning alleged copyright infringement. When a valid DMCA notification is received meeting the requirements outlined below, the service provider responds under this process by taking down the allegedly infringing content. Upon taking down content under the DMCA, Andrews McMeel Universal will take reasonable steps to contact the owner of the removed content so that a counter-notification can be sent to Andrews McMeel Universal. Upon receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the party alleging infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

By using the Sites, you are accepting the practices set out in this DMCA Notice and Policy. We reserve the right to modify this DMCA Notice and Policy in conformance with the law at any time by posting the changes on this page. Your continued use of any portion of the Sites following posting of the updated DMCA Notice and Policy will constitute your acceptance of the changes. In the event that you use the notification process below to alert us to claims of infringement other than copyright, such notifications are not covered by the DMCA and will be governed by our Terms & Conditions or other policy adopted by Andrews McMeel Universal for the applicable Site.

Andrews McMeel Universal may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. The Privacy Policy for the Sites does not protect information provided in these notices.

1. To File a Notification of Infringing Content:

A written notification must be made to the Designated Agent of Andrews McMeel Universal indicated below. This notice can be submitted electronically, by regular U.S. mail or courier to our Designated Agent:

Seigfreid Bingham, P.C. - ATTN: DMCA Agent
911 Main St, Suite 2800
Kansas City, Missouri 64105
-or-
dmcanotice@seigfreidbingham.com

The following information must be included in your notice (except the information listed as optional below):

  1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  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 us to locate the material on the Sites;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address, if available, at which you 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. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the Sites is not authorized by the copyright owner, its agent or by protection of law”;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed. Include the following statement: “I declare, under penalty of perjury, that the information in the notification is accurate and I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed”;
  6. Your physical or electronic signature (i.e., “/s/ [print name]”) – We will not (and cannot) accept notices that are not signed by you stating your full legal name; and
  7. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only and not to “prove” substantive claims.)

The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you knowingly make a false claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.

2. To file a Counter-Notification:

If your content has been removed or access disabled from the Sites as a result of a notification by a purported copyright owner that such party's copyright rights are infringed by your content, you may respond by sending us a written DMCA counter-notification as follows:

  1. List the material that was removed or access disabled by Andrews McMeel Universal, and the location at which the material appeared before it was removed or disabled. Please identify in sufficient detail in order to allow Andrews McMeel Universal to identify the material;
  2. Provide your name, address, telephone number and email address (if available);
  3. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Kansas City, Missouri if your address is outside of the United States);
  4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
  5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your physical or electronic signature (i.e., “/s/ [print name]”) - We will not (and cannot) accept notices that are not signed by you stating your full legal name.

This notice can be submitted either electronically or by written letter (regular U.S. mail or courier) to the Designated Agent at the following address:

Seigfreid Bingham, P.C. - ATTN: DMCA Agent
911 Main St, Suite 2800
Kansas City, Missouri 64105
-or-
dmcanotice@seigfreidbingham.com

In the event that the Designated Agent receives a counter-notification in compliance with the above requirements, it will provide the party alleging infringement with a copy of the counter-notification and inform them that Andrews McMeel Universal will replace or enable access to the removed material in 10 business days from the date of the counter-notification unless the Designated Agent receives notice from the party alleging infringement that such party has filed an action seeking a court order to restrain the user of the Sites from engaging in the allegedly infringing activity of uploading the infringing material to the Sites.

What rights do I need to have to post content on the Site?

In addition to permission from third party copyright owners to make use of their video, music, graphics, logos, photographs and other intellectual property, we require you to obtain permission to depict any persons in an uploaded photograph or other work (except to the extent that such permission is not required by law).

When you post content, you have agreed that you have all necessary third party permissions and licenses as required by this Policy and the Terms & Conditions or other policy applicable to the Sites. Failure to do so may subject you to suspension or termination of your account and liability to us and to third parties.

Do you terminate accounts based on DMCA claims?

If Andrews McMeel Universal believes that a user of the Sites is continually abusing the DMCA process, either with filings that appear to be without basis, by continually re-posting content that is the subject of valid DMCA notifications or otherwise, we may exercise our right to terminate the abusing party's account. PLEASE NOTE THAT ANDREWS MCMEEL UNIVERSAL INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DMCA BUT WILL NOT TAKE ANY RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL UNLESS ANDREWS MCMEEL UNIVERSAL POSSESSES ACTUAL KNOWLEDGE OF INFRINGEMENT OR IS NOTIFIED AS DISCUSSED ABOVE.

Updated as of 02-04-2014