Dailybreak Terms of Use

Dailybreak’s designated Copyright Agent for notice of claims of infringement is:

Jared Stenquist
Dailybreak, Inc.
100 North Washington Street
Boston, MA 02111

e-mail: copyright@dailybreak.com
telephone: 617.451.1790
fax: 617-507-6356

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Dailybreak’s customer service at support@dailybreak.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

B. Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) 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 disabled; (iii) 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 a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state you are located in or the Commonwealth of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, Dailybreak shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, Dailybreak may, in its sole discretion, reinstate the removed material or cease disabling such material.

C. In accordance with the DMCA and other applicable law, Dailybreak shall, in appropriate circumstances, terminate access, at Dailybreak’s sole discretion, of any registered member that Dailybreak finds to be a repeat infringer of others copyrights. Dailybreak may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

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