DMCA Policy

The Movie Database (https://www.hdhive.org/) ("HDHive") respects the rights of copyright holders and publishers. We comply with U.S. copyright law and to respond to claims of copyright infringement. HDHive will promptly process and investigate notices of alleged infringement ("DMCA Notices") related to the HDHive website, mobile app, or other HDHive online service (the "The Movie DB") and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA").

1. DMCA Notices.

A. DMCA Notices Generally. If you believe that someone has posted content in which you own copyright in an unauthorized manner on The Movie DB, you can send us a DMCA Notice to request that the infringing content be removed. Before you submit a DMCA Notice, you must reasonably consider whether particular content does, in fact, infringe upon your copyright, or whether, for instance, "fair use" under 17 U.S.C. §107 applies. If you are unsure whether the content you intend to report is infringing your copyright, you may wish to seek legal guidance. Please keep in mind that submitting intentionally misleading reports of infringement may be punishable under the DMCA in the United States or similar laws in other countries, including under Section 512(f) of the DMCA, which provides that any person who knowingly materially misrepresents that material or activity is a copyright infringement may be subject to liability for damages.

B. Content of a DMCA Notice. Any DMCA Notice sent to us must contain all of the following:

• An identification of the copyrighted work(s) claimed to have been infringed.
• An identification of the material on The Movie DB that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit HDHive to locate the material, including at a minimum, if applicable, the URL of the link shown on The Movie DB or the exact location where such material may be found.
• The following statements:
  • "I have a good faith belief that use of the copyrighted materials described above on the infringing pages I have identified is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."
  • "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
• Information reasonably sufficient to permit HDHive to contact you including your company affiliation (if applicable), an address, telephone number, and, if available, an electronic mail address.
• A physical or electronic signature

C. Submitting a Takedown Notice. For a DMCA Notice to be valid under the DMCA, it must be sent to HDHive's Designated Copyright Agent. Any valid DMCA Notice received by HDHive will be forwarded to the user who posted the material subject to the DMCA Notice. DMCA Notices can be submitted to HDHive's Designated Copyright Agent by using Our online form located at https://www.hdhive.org/dmca-takedown or by sending the DMCA Notice to:

Email: dmca@hdhive.org
Post: The Movie DB DMCA Agent, 2190 Gold St., San Jose, CA 95002

D. Responses to Takedown Notices. HDHive will respond to all valid DMCA Notices submitted to its Designated Copyright Agent regardless of the method of submission, but DMCA Notices submitted through the online form will be given priority and responses to DMCA Notices submitted through other methods (i.e. post or email) may delayed.

E. Sample Takedown Notice. The following is an example of a DMCA Notice that You may use:

The Movie DB DMCA Agent,

I request that you remove the following copyrighted material belonging to me that was posted without authorization to The Movie Database:

[identify your copyrighted material]

The locations on The Movie DB that I presently know of where my copyrighted materials are located are:

[identify webpages by URL]

I have a good faith belief that use of the copyrighted materials described above on the web pages identified above are not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.

I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

I may be contacted as follows:

[Name]
[Company (if applicable)]
[Address]
[Email]
[Phone]

[Signature]

F. DMCA NOTICES ARE ONLY FOR COPYRIGHT CLAIMS. Please note, the DMCA takedown notices are only for complaints alleging copyright infringement on The Movie DB. DMCA Notices may not be submitted for other complaints, such as complaints about sensitive/personal data.

2. Counter-Notices.

A. Counter-Notices Generally. If You believe that Your content that was removed (or to which access was disabled) is not infringing, or that You have authorization from the copyright holder, the copyright holder's agent, or pursuant to law, to post and use the material in Your content, You may send a counter-notice ("DMCA Counter-Notice") to HDHive's Designated Copyright Agent.

B. Content of a Counter-Notice. A DMCA Counter-Notice sent to us must contain at least each of the following:

• An identification of the content on The Movie Database that was disabled or removed and the location where it appeared.
• The statements:
  • "I swear, under penalty of perjury, that I have a good-faith belief that this material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • "I consent to the jurisdiction of United States Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California from which The Movie Database operates), and I will accept service of process from the person who provided the DMCA notification or an agent of such person."
• Your contact information (name, postal address, email address, and telephone number)
• A physical or electronic signature

C. Submitting a Counter-Notice. For a DMCA Counter-Notice to be valid under the DMCA, it must be sent to HDHive's Designated Copyright Agent. You can submit DMCA Counter-Notices to HDHive's Designated Copyright Agent by sending the Notice to:

Email: dmca@hdhive.org
Post: The Movie DB DMCA Agent, 2190 Gold St., San Jose, CA 95002

D. Sample Counter-Notice. A sample DMCA counter-notice that you may use is below:

The Movie DB DMCA Agent,

The following materials on The Movie DB have been disabled or removed as a result of mistake or misidentification:

[identify webpages by URL]

I swear, under penalty of perjury, that I have a good-faith belief that this material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

I consent to the jurisdiction of United States Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California from which The Movie Database operates), and I will accept service of process from the person who provided the DMCA notification or an agent of such person.

I may be contacted as follows:

[Name]
[Address]
[Email]
[Phone]

[Signature]

3. Repeated Infringement.

We do not condone or tolerate copyright infringement or any violation of the intellectual property rights on The Movie DB. We reserve the right to terminate the access and/or use privileges of any person who has been determined to engage in repeat infringement of copyright on The Movie DB. We further reserve the right to define the criteria by which We will determine if a person is a repeat infringer subject to termination or disablement of access to The Movie DB. If it is determined that "repeat infringer" is defined by statute, law, or regulation as applicable to 17 USC § 512, HDHive will adopt that definition as a minimum standard. Without limiting HDHive's right to define "repeat infringer", as a general rule, HDHive will define a "repeat infringer" as any person or entity about whom HDHive has received three or more valid DMCA Notices. HDHive will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a "repeat infringer" is appropriate.

REGARDLESS OF WHETHER HDHive TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, "REPEAT INFRINGER" OR OTHERWISE, HDHive IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL HDHive INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER'S USE OF THE MOVIE DB.