Last Edited / Last Revised on October 29, 2020
In Effect as of November 5, 2020
Edits / Revisions are not retroactive from the date they go into effect.
Minor editing for clarity. No substantial changes.
Introduction
Skinny Wallet Fat Wallet respects the intellectual property of others and expects the users of our service to do the same.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA), you have the right to have your copyrighted material removed if it was used without your consent. You also have the right to request your copyrighted material be reposted when it was removed in error.
Incorporated by reference
“Copyright Policy & Infringement Claims and Counterclaims,” “Privacy Policy,” “How We Use Cookies and Similar Technologies,” and “Comment Policy & Rules,” are important parts of our Terms of Use and are incorporated by reference.
Procedure for making a Copyright Infringement Claim (“Claim”)
If you believe your copyrighted work has been used in a way that constitutes copyright infringement and is accessible on this site or through our service, you may notify our Agent, as set forth in the DMCA. For your Claim to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
1. identification and location of the copyrighted work(s) claimed to have been infringed;
2. identification and Internet location (URL) of the material(s) that is alleged to be infringing;
3. 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;
4. a statement, including the phrase: “under penalty of perjury,” that you are attesting (1) all information in the Claim is accurate and (2) you are the copyright owner or are authorized to act on behalf of the copyright owner, whichever is true; and
5. your electronic signature;* and
6. your contact information.**
* Type your name at the bottom of your Claim, spelled just as you spell it when writing your signature by hand. This will be your legal electronic signature.
** At this time, there is no need to provide additional contact information. All DMCA-related communications will be sent to you at the email address you send the Claim from.
The above information must be submitted as a written notification to the following Designated Agent:
Service Provider: www.skinnywalletfatwallet.com
Name of Agent Designated to Receive Infringement Claim: Sharon Lewis
Email Address of Designated Agent: DMCA@skinnywalletfatwallet.com
UNDER FEDERAL LAW, MISREPRESENTING THAT ONLINE MATERIAL IS INFRINGING MAY SUBJECT YOU TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, ATTORNEYS’ FEES, AND ALL OTHER RELATED EXPENSES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
What happens after you send a Claim to our Designated Agent
When a Claim is received by the Agent, the content alleged to be infringing (“the content”) will be removed within 10-14 calendar days.
After removing the content, our Agent may legally be required to, or may of her own volition, notify* the individual who used it. If so, the individual will have 10 calendar days to submit a Counterclaim. If no Counterclaim is received by our Agent within that time, the content will not be reposted.
* Unless you grant permission to, or there is a legal requirement to, our Agent will not, initially, disclose any of your personally identifiable information to the individual who used the content alleged to be infringing. Our Agent may, however, have to disclose it later, to the individual or the individual’s attorney.
If a Counterclaim is submitted, you will be notified. You will then have 10 days to file an action seeking a court order (“an action”) against the Counterclaimant and we will give you, or your attorney, an additional four calendar days to send our Agent proof of your filing. If you do not do both these things, we may repost the content.
Procedure for making a Copyright Infringement Counterclaim
If you believe your removed content is not infringing and if you are the copyright owner, or have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a Counterclaim containing the following information to our Agent:
1. identification of the content that has been removed and the Internet location (URL) at which the content appeared before it was removed;
2. a statement, including the phrase: “under penalty of perjury,” that gives legal proof of your right to use the content;
3. a statement that you have a good faith belief the content was removed as a result of mistake or a misidentification of the content;
4. a statement that you consent to the jurisdiction of the relevant court for the town and state of the Claimant’s main residence, and a statement that you will accept service of process from a person acting in his/her professional capacity on behalf of the Claimant;
5. your full name, physical address (including, if outside the U.S.A., the country postal code)* and telephone number (including area code and, if outside the U.S.A., the country calling code); and
6. your physical or electronic signature.**
* This must be the address of your business or residence, not a post office box or similar.
** Type your name at the bottom of your Counterclaim, spelled just as you spell it when writing your signature by hand. This will be your legal electronic signature.
Service Provider: www.skinnywalletfatwallet.com
Name of Agent Designated to Receive Infringement Counter Claim: Sharon Lewis
Email Address of Designated Agent: DMCA@skinnywalletfatwallet.com
UNDER FEDERAL LAW, SUBMITTING A FALSE COUNTERCLAIM TO A CLAIM OF COPYRIGHT INFRINGEMENT MAY SUBJECT YOU TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, ATTORNEYS’ FEES, AND ALL OTHER RELATED EXPENSES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
What happens after you send a Copyright Infringement Counterclaim (“Counterclaim”) to our Designated Agent
Our Agent will let the Claimant know a Counterclaim has been filed.*
* Unless you grant permission to, or there is a legal requirement to, our Agent will not, initially, disclose any of your personally identifiable information to the Claimant. Our Agent may, however, have to disclose it later, to the Claimant or the Claimant’s attorney.
The Claimant, or the Claimant’s attorney, will then have 10 days from the date of receiving notice of the Counterclaim to file an action seeking a court order against you (“an action”). If, within 14 days of receiving notice of the Counterclaim, the Claimant, or the Claimant’s attorney, does not send our Agent proof of having filed an action, we may repost the content.*
* If we are legally required to do so, or if we believe your Counterclaim provides compelling evidence of your right to use the content, we will repost the content. Otherwise, we (almost certainly) will not.
If the Claimant, or the Claimant’s attorney, takes legal action against you, we may be legally required to send a copy of, or to forward, your Counterclaim and any other relevant information we have about you.
Repeat Infringers
Under appropriate circumstances, Skinny Wallet Fat Wallet may, in our sole discretion, ban the computer(s) and/or device(s) of users of our service who repeatedly infringe copyright and may take additional action(s), including legal action(s).
Filers of false Claims or Counterclaims
Under appropriate circumstances, Skinny Wallet Fat Wallet may, in our sole discretion, ban the computer(s) and/or device(s) of users of our service who file one or more false Claims or Counterclaims and may take additional action(s), including legal action(s).
Accommodation of Standard Technical Measures
It is Skinny Wallet Fat Wallet’s policy to accommodate and not interfere with standard technical measures we determine are reasonable under the circumstances, (i.e. technical measures that are used by copyright owners to identify or protect copyrighted works).
Disclaimers and additional Terms
The contact information of the Agent is provided exclusively for submitting a Copyright Infringement Claim or Counterclaim and the necessary communications regarding either or both. No other communications sent to this email address will receive a response.
Neither Skinny Wallet Fat Wallet nor our Agent is responsible for the inability to send notices or other important information, when that inability is due to a factor outside our control, such as, but not limited to not having been provided with accurate contact information.
The Skinny Wallet Fat Wallet service is to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to copyrighted material you do not have the right to use.
We believe, but do not guarantee, the information on this page accurately reflects the procedures for submitting Copyright Infringement Claims and Copyright Infringement Counterclaims.
The information provided on this page is not and should not be construed as legal advice. Always seek the advice of an attorney when considering legal action.
Additional information you may find useful
Fair Use: “Copyright Law of the United States” (Title 17) Chapter 1: Subject Matter and Scope of Copyright, 107. Limitations on exclusive rights: Fair use
Public Domain: “When U.S. Works Pass Into The Public Domain,” Lolly Gasaway, University of North Carolina (includes definition of “public domain works”)
Creative Commons License: “About The Licenses,” CreativeCommons.org