1. Notification

If you are alleging that copyrighted material may have been or is being infringed (hereinafter, you are a “complaining party”), then you may notify MB pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the US Digital Millennium Copyright Act, 17 USC 512(c), by sending notice to the following Agent, who has been designated by MB to receive notifications of alleged copyright infringement:

Chief Operating Officer
Material Bank
3651 FAU Boulevard
Boca Raton, Florida 33431

Each notification of infringement must include the following:

1. a description of the allegedly infringed work in which copyright is claimed;
2. a description of the allegedly infringing material and information reasonably sufficient to permit MB to locate the material;
3. information sufficient for MB to contact you, including your name, address, telephone number, and email address;
4. 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, by its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
6. a physical or electronic signature of the copyright owner or a person authorized to act on such owner’s behalf.

2. Response

In response to each notification of infringement containing the information specified under the heading “Notification” above, MB or its Agent shall:

1. promptly remove or disable access to the material that is deemed infringing;
2. promptly provide written notification to the alleged infringer; and
3. take reasonable steps promptly to notify the alleged infringer that it has removed or disabled access to the material.

3. Counter Notification

Such alleged infringer may serve a Counter Notification on the designated Agent. Each Counter Notification must include the following:

1. identification of the material that has been removed or to which access has been disabled;
2. a statement, made under penalty of perjury, that the alleged infringer has a good-faith belief that the material was removed or disabled through mistake or misidentification;
3. the alleged infringer’s contact information, including name, address, telephone number, and a statement that the alleged infringer consents to the jurisdiction of the Federal District Court for the judicial district in which such address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which MB may be found, and that the alleged infringer will accept service of process from the complaining party who provided notification pursuant to the heading “Notification” above or an agent or such person.
4. a physical or electronic signature of the alleged infringer or a person authorized to act on the alleged infringer’s behalf.

4. Response to Counter Notification

In response to each Counter Notification containing the information specified under the heading “Counter Notification” above, MB or its Agent shall:

1. promptly provide the complaining party with a copy of the Counter Notification;
2. inform the complaining party that it intends to replace the removed material or cease disabling access to it within ten (10) business days;
3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the Counter Notification, provided that MB’s or its Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on MB’s system or network.

Important Legal Notice

Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f).