DMCA Notice & Takedown Policy and Procedures  

Overclock.net is owned by Wikia, Inc., which qualifies as a "Service Provider" under 47 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. The following are Wikia's processes regarding claims of copyright infringement relating to Overclock.net customers, subscribers, and/or users.

 

Claims of Copyright Infringement

 

For claims of copyright infringement, please contact our designated agent under the Digital Millennium Copyright Act:

 

Attn: Copyright Agent

Wikia, Inc.

360 Third Street

Suite 750

San Francisco, CA 94107

 

You may email the designated agent via copyright@wikia.com. Please include "Claim of copyright infringement" in the subject of your email. For clarity, only DMCA notices should go to the Copyright Agent.

 

Wikia will only accept DMCA takedown notices that contain the following legally-required elements:

 

  1. The physical or electronic signature of the copyright holder or the copyright holder's agent, depending on who is sending the notice (the "Complaining Party");
  2. Identification of the copyrighted work or works claimed to have been infringed (e.g., a link to the original work or clear description of the materials allegedly being infringed upon);
  3. Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services;
  4. Information to permit Wikia’s agent to contact you: your address, telephone number and email address;
  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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

 

If we remove or disable content in response to such a notice, we will make a good-faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification.

 

Wikia reserves the right to share takedown notices with other parties, including, but not limited to, Overclock.net staff, the individual(s) who was targeted by the notice, and Chilling Effects.

 

DMCA Counter-Notifications

 

If the individual targeted by a DMCA takedown notice (the "Recipient") believes that the content targeted by the takedown notice was removed either through mistake or misidentification, they are permitted to submit a DMCA counter-notice pursuant to Section 512(g)(2)&(3) of the DMCA.

 

Wikia accepts counter-notices sent to the following address:

 

Attn: Copyright Agent

Wikia, Inc.

360 Third Street

Suite 750

San Francisco, CA 94107

 

Wikia will only accept counter-notices that contain the following legally-required elements:

 

  1. The physical or electronic signature of the Recipient;
  2. 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 (the description from the DMCA notice will suffice);
  3. 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 misidentification of the material; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which Recipient’s address is located, or any appropriate United States Federal District Court, if your address is outside of the United States, and that you will accept service of process from the Complaining Party.

 

Upon receipt of the counter-notice, Wikia will inform the Complaining Party of the counter notice. The Complaining Party will then have fourteen (14) days to give Wikia notice that a lawsuit has been filed against the Recipient, otherwise Wikia may restore the deleted content.

 

Wikia cannot provide legal advice to Overclock.net customers, subscribers, or users for counter-notices.

 

Filing a DMCA Notification or Counter-notice is Serious

 

Please think twice before submitting a claim or counter-notice, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.

 

Modifications to Policy


Wikia reserves the right to modify, alter, or add to this policy at any time and at its discretion.