DMCA Notice

Filing a DMCA Notice of Copyright Infringement

Submitting a DMCA notice initiates a legal process. Do not submit false claims. Misuse of this process may result in account suspension and/or legal consequences.

OnlyBanned accepts copyright infringement notifications in written form. In accordance with the DMCA, a valid notice (“DMCA Notice”) must include substantially the following:

  1. Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved.
  2. Identification of the allegedly infringing material sufficient to permit us to locate it.
    • You must provide the specific URL(s) of the exact content.
    • General information such as a profile name or channel URL is typically insufficient.
  3. Your contact information, including:
    • Full legal name
    • Postal address
    • Telephone number
    • Email address
  4. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.
  6. A physical or electronic signature of the copyright owner or authorized representative.
    • Typing your full legal name at the end of the notice satisfies this requirement.

Submission of DMCA Notices

All DMCA Notices must be sent to:

Email: hello@onlybanned.com

Mailing Address:
ShiftMark Solutions, Inc
2800 PARK PLACE
666 BURRARD STREET
VANCOUVER, BC V6C2Z7
CANADA

Do not send unrelated inquiries to this address.

If your notice fails to comply with the requirements of Section 512(‌c)(3) of the DMCA, it may not be effective.

Knowingly materially misrepresenting that material or activity on OnlyBanned is infringing may result in liability for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Please note:

  • The name of the copyright owner may be published on OnlyBanned in place of disabled content.
  • Your DMCA Notice, including personal information, may be forwarded to the uploader of the allegedly infringing content.
  • By submitting a DMCA Notice, you consent to such disclosure.

Counter-Notification Procedures

If you believe content you posted on OnlyBanned was removed or disabled due to mistake or misidentification, you may submit a counter-notification (“Counter-Notice”). Counter-Notices must be submitted by the original uploader or an authorized agent.

Counter-Notices must be sent to:

Email: hello@onlybanned.com

Mailing Address:
ShiftMark Solutions, Inc
2800 PARK PLACE
666 BURRARD STREET
VANCOUVER, BC V6C2Z7
CANADA

A valid Counter-Notice must include:

  1. Your name, address, phone number, and physical or electronic signature.
  2. Identification of the removed material and its location before removal.
  3. A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification.
  4. A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or, if outside the United States, any judicial district in which OnlyBanned may be found), and that you will accept service of process from the person who submitted the original DMCA Notice or their agent.

We will not respond to Counter-Notices that fail to meet these requirements.

After receiving a valid Counter-Notice, we will forward it to the original claimant and inform them that the removed material may be restored within ten (10) to fourteen (14) business days unless we receive notice that the claimant has filed a court action seeking to restrain the alleged infringing activity.

When we forward your Counter-Notice, it will include your personal information. By submitting a Counter-Notice, you consent to such disclosure. We will not forward the Counter-Notice to any party other than the original claimant, law enforcement, or parties assisting us in protecting our rights.

Knowingly materially misrepresenting that material was removed by mistake or misidentification may result in liability for damages under Section 512(f) of the DMCA.

Repeat Infringers

In accordance with the DMCA and other applicable law, OnlyBanned maintains a policy of terminating or disabling accounts, in appropriate circumstances and at our sole discretion, of users determined to be repeat infringers. We may also limit access to the platform or terminate accounts of users who infringe intellectual property rights, whether or not repeat infringement has occurred.

Content Identification Technology

OnlyBanned may use automated audiovisual identification or fingerprinting technologies to identify and prevent the upload of potentially infringing content. Content uploaded to the platform may be compared against digital fingerprint databases, and matched content may be blocked or disabled.

For inquiries regarding content identification systems or digital fingerprinting, please contact hello@onlybanned.com