Digital Millennium Copyright Act (DMCA)

To protect the rights of copyright holders, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA).    If you believe you’ve found an infringement of your copyrighted material, please follow these steps to file an official DMCA complaint:

File a notice of infringement

To file a notice of copyright infringement, the notification must have the following:

    1. Detailed description of the copyrighted work that was allegedly infringed upon, in the form of the original URL of the image, text, or page or other information that can specify the copyrighted work.
    2. Detailed identification of the material, with enough information to locate the material. This includes what actions were taken in finding the material to the direct link to the infringing web page.
    3. Information to allow the Xanga Abuse team to contact you directly (Email address is preferred.)
    4. A statement that you in good faith believe that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    5. A sworn statement, made under penalty of perjury, that the information given is accurate and that you are authorized to act on behalf of the copyright holder or owner of an exclusive right.
    6. An electronic signature (your full legal name) of a person authorized to act on behalf of the copyright holder or owner of an exclusive right that is allegedly infringed.

A template to file a notification can be found here:

http://help.xanga.com/about/notice-of-infringement/

Send the written communication to the following address:

Regular Mail
Xanga.com, Inc.
Attn: Xanga Legal Support, DMCA Complaints
112 W. 34th Street, 18th Floor
NY, NY 10120

Email

OR Fax to:

(917) 591-9200, Attn: Xanga Legal Support, DMCA Complaints

Please note that you will be liable for damages (including attorneys’ fees and other costs) if you materially misrepresent a claim that content is infringing upon your copyright (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information.) Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any claim.

Please note that a copy of each legal notice and claim (without your personal information) could be sent to a third-party partner for publication and annotation. You can see examples of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi.

Filing a Counter Notification

If you wish to send us a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, the notification must have the following:

    1. Detailed identification of the material, with enough information to locate the material.
    2. Information to allow the Xanga Abuse team to contact you directly (Email address is preferred.)
    3. A statement that you in good faith believe that the use of the material in question was identified as a copyright violation as a result of mistake or misidentification, including detailed reasons of why you believe this;
    4. A sworn statement, made under penalty of perjury, that the information given is accurate and that you are authorized to act on behalf of the copyright holder or owner of an exclusive right.
    5. An electronic signature (your full legal name), signature, address, and telephone number, along with a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person or agent of such person who provided the initial notification.

A sample of a counter notification letter can be found here:

www.chillingeffects.org/dmca/counter512.pdf

Send the written communication to the following address:

Regular Mail
Xanga.com, Inc.
Attn: Xanga Legal Support, DMCA Complaints
112 W. 34th Street, 18th Floor
NY, NY 10120

Email

OR Fax to:

(917) 591-9200, Attn: Xanga Legal Support, DMCA Complaints