DMCA Policy
Last updated: December 19, 2024
ChristmasOrNot ("we," "our," or "us") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using our website christmasornot.com (the "Service") if such claims are reported to our designated copyright agent.
1. Copyright Infringement Claims
If you are a copyright owner, or authorized on behalf of one, and believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to our designated agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material you claim is infringing is located on the Service, with enough detail for us to find it
- Your contact information, including address, telephone number, and email address
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
2. Designated Copyright Agent
Our designated agent for receiving DMCA notices is:
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees.
3. Counter-Notification
If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent with the following information:
- Your physical or electronic signature
- 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
- 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 misidentification of the material to be removed or disabled
- Your name, address, telephone number, and email address
- A statement that you consent to the jurisdiction of the federal court in your judicial district (or if outside the United States, the federal court located in the jurisdiction of our primary place of business), and that you will accept service of process from the person who provided the original notification or an agent of such person
Upon receiving a valid counter-notification, we will forward it to the party who submitted the original claim. The original complainant will then have 10 business days to notify us that they have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity. If we receive no such notification, we may restore the removed content.
4. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Third-Party Content
Movie Data and Images: ChristmasOrNot uses movie information, including posters, backdrops, and metadata, from The Movie Database (TMDB) API in accordance with their terms of service. All movie images and related content are the property of their respective copyright holders.
User-Generated Content: Users may submit comments, votes, and other content. Users are responsible for ensuring they have the right to submit any content they post. We do not claim ownership of user-generated content but reserve the right to remove content that infringes on the rights of others.
Fair Use: We believe our use of movie-related content for the purpose of discussion, commentary, and community debate falls under fair use. However, we respect the rights of copyright holders and will respond promptly to legitimate infringement claims.
6. Modifications
We reserve the right to modify this DMCA Policy at any time. We will notify users of any material changes by updating the "Last updated" date at the top of this page. Your continued use of the Service after any changes indicates your acceptance of the updated policy.
Questions?
If you have any questions about this DMCA Policy or need to report copyright infringement, please contact us at: dmca@christmasornot.com
