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Digital Millennium Copyright Act (DMCA)

Notifications and Counter-Notifications Process

If you believe that content available in SmallWorlds infringes one or more of your copyrights, please notify us by providing a written infringement notification containing the information described below to the email address provided below.

When a valid DMCA infringement notification is received, Outsmart Ltd 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. SmallWorlds will also remove the offending content to the best of our ability.

On receiving a valid counter-notification, SmallWorlds will generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Please be advised that copies of your infringement notification or any counter-notification may be provided to the participants in the disputes or to any third party at our discretion. The SmallWorlds Privacy Policy does not protect information provided in these notifications.

You may 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 in SmallWorlds infringes your copyright, you should consider first contacting an attorney.

Do Not Purchase In-World Items That May Potentially Breach Copyright

If you purchased an in-world item created by another player for which a valid DMCA infringement notification has been received, that item may be removed from your account without notice and with no possibility of reimbursement or compensation. If you are in any way unsure of whether an item for sale potentially breaches copyright, please refrain from purchasing that item.

Creating Or Distributing Content In SmallWorlds

We require all players or users of our site to abide by our Terms Of Service when creating or distributing content in SmallWorlds. When you post content you have agreed that you have all necessary third party permissions and licenses pursuant to our Terms of Use. Failure to do so subjects you to suspension or termination of your account and liability to us and to third parties.

If you have created an in-world item for which a valid DMCA infringement notification is received, that item may be removed from your account without notice and with no possibility of reimbursement or compensation.

In addition to permission from third party copyright owners to make use of their video, works of art (including sculptures even if visible in public places), music, graphics, photographs, software and other intellectual property, we require you to obtain permission to depict any persons (except for crowd shots in public places).

Filing an Infringement Notification

To file an infringement notification, please send an email to copyright@smallworlds.com.

To be valid, the notification must:

  1. Come specifically from the copyright owner or their legal agent authorized to act on their behalf.
  2. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
  3. Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world. For example, provide the avatar name that is the owner of the inworld item and the name, url, and owner of the space in which it is located. Screenshots would be helpful in this respect.
  4. Provide a method of contacting you, preferably a valid email address and phone number.
  5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. The notification must be signed with your electronic or physical signature.

Filing a Counter-Notification

If your content has been taken down 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 DMCA counter-notification as follows:

  1. List the material that was removed by SmallWorlds administrators, and the location at which the material appeared before it was removed.
  2. Provide your name, address, telephone number, and email address.
  3. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Los Angeles, California 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”.
  6. Sign the counter-notification with your electronic or physical signature.

Send the counter-notification to copyright@smallworlds.com.

Repeat Infringer Policy

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

SmallWorlds 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 SmallWorlds’ Terms of Service.

Warning

In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.