(Effective as of December 2016)
Hard Avenue (“hardavenue.com”) respects the intellectual property rights of others and expects others to do the same. Accordingly, and pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”), Hard Avenue (also identified herein as “we” or “us”) has adopted the following policy. If you (with end users, claimants, or visitors identified herein as “You”) believe that any materials made accessible by Hard Avenue have been used or copied in a way that infringes your copyright or other intellectual property rights, You may request removal of those materials from Hard Avenue by providing us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that You claim has been infringed;
- A description of where the material that You claim is infringing is located on Hard Avenue’s site or service (including the specific URL of each item in dispute, which should help us to quickly locate the relevant content);
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. HARD AVENUE WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.
Notice And Takedown
If Hard Avenue receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. Hard Avenue will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as further described below. In addition, Hard Avenue may, at its discretion, deny access to its site by disablement and/or termination of accounts.
If content You posted on the site was removed due to a claim(s) of copyright or intellectual property infringement and You would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
- To file a counter-notification with us, You must provide a written communication that sets forth the items specified below.
- Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if You are not sure whether certain material infringes the copyrights of others, we suggest that You first contact an attorney.
Elements of Counter-Notification
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
- Identify the specific URLs of material that Hard Avenue has removed or to which Hard Avenue has disabled access.
- Provide your full name, address, telephone number, email address and, if You are a registered Hard Avenue user, the user name of your Hard Avenue account.
- Provide a statement that You consent to the jurisdiction of the courts of the District of Columbia, and that You will accept service of process from the person who provided notification to Hard Avenue in accordance with the process outlined above or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.”
- Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting a counter-notification, You therefore consent to having such identifying information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
If You reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between You and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country and/or the United States of America if You make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if You are not sure whether content You posted on the site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend You first contact a lawyer knowledgeable in the laws of the United States and the District of Columbia. If You do wish to file a counter-notice, You should follow the process set forth above under the heading “Elements of Counter-Notification.”