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DMCA Policy

DMCA Policy

Ongeval Den Ham respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), we will respond promptly to claims of copyright infringement committed using the Ongeval Den Ham website or online network (the "Site") that are reported to our Designated Copyright Agent, identified below.

This policy describes the information that should be present in a DMCA Notice and Counter-Notification. We aim to process copyright infringement claims efficiently and ensure appropriate actions are taken.

Filing a DMCA Notice of Infringement

If you are a copyright owner or an agent thereof and believe that any content hosted on the Ongeval Den Ham Site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 Ongeval Den Ham to locate the material (e.g., a specific URL).
  4. Information reasonably sufficient to permit Ongeval Den Ham to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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. We may also forward your notification to the user who posted the allegedly infringing content.

Filing a DMCA Counter-Notification

If you believe that your content, which was removed or disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, you may send a counter-notification containing the following information to our Designated Copyright Agent:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of the federal court in [Jurisdiction of Ongeval Den Ham, e.g., The Netherlands] and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.

If a counter-notification is received by our Designated Copyright Agent, Ongeval Den Ham may send a copy of the counter-notification to the original complaining party informing that person that Ongeval Den Ham may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at Ongeval Den Ham’s sole discretion.

All notices described above should be submitted to our Designated Copyright Agent via our Contact Us page.