Copyright Policy
ARCHIVED 2014-10-01, DATE APPROXIMATE · VERSION 20141001_rev01 · COMPARED WITH 20120503_rev01
Full text changes — 20120503_rev01 to 20141001_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 16 | 16 | You may submit this information via: |
| 17 | 17 | |
| 18 | 18 | - Online: [Our DMCA claim form](https://vimeo.com/dmca/claim) |
| 19 | 19 | - Email: [dmca@vimeo.com](mailto:dmca@vimeo.com) |
| 20 | 20 | - Offline: [VIMEO's Copyright Agent]() |
| 21 | 21 | |
| 22 | ## Filing a DMCA Counter-notification to Restore Removed Content-for Vimeo Users | |
| 22 | ## Filing a DMCA Counter-Notification to Restore Removed Content-for Vimeo Users | |
| 23 | 23 | |
| 24 | 24 | If you believe that your material has been removed by mistake or misidentification, please provide VIMEO with a written counter-notification containing the following information: |
| 25 | 25 | |
| 26 | 26 | 1. Your name, address, and telephone number. |
| 27 | 27 | 2. A description of the material that was removed and the location on the Vimeo Site (e.g., the URL) where it previously appeared. |
| 28 | 28 | 3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. |
| 29 | 29 | 4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which VIMEO may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. |
| 30 | 30 | 5. Your electronic or physical signature. |
| 31 | 31 | |
| 32 | 32 | You may submit this information via: |
| 33 | 33 | |
| 34 | - Online: [Our DMCA Counter-Notifcation form](https://vimeo.com/dmca/counter) | |
| 34 | 35 | - Email: [dmca@vimeo.com](mailto:dmca@vimeo.com) |
| 35 | 36 | - Offline: [VIMEO's Copyright Agent]() |
| 36 | 37 | |
| 37 | Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. | |
| 38 | Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request. | |
| 38 | 39 | |
| 39 | 40 | ## Repeat Infringer Policy |
| 40 | 41 | |
| 41 | 42 | **VIMEO will terminate user accounts that have been the subject of three (3) separate DMCA notices.** In the event a user's materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, VIMEO will treat the underlying DMCA notice as withdrawn. |
| 42 | 43 | |
| 43 | 44 | VIMEO reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding Vimeo's Terms of Service. |
| 51 | 52 | Vimeo may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material. |
| 52 | 53 | |
| 53 | 54 | If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information. |
| 54 | 55 | |
| 55 | 56 | ## Vimeo's Copyright Agent |
| 56 | 57 | |
| 57 | You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to VIMEO's Copyright Agent: | |
| 58 | In addition to the webforms we provide, you may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to VIMEO's Copyright Agent: | |
| 58 | 59 | |
| 59 | 60 | > **Vimeo, LLC** |
| 60 | 61 | > 555 West 18th Street |
| 61 | 62 | > New York, New York 10011 |
| 62 | 63 | > Attn: Legal Dept. - Copyright Agent |
| 63 | 64 | > [dmca@vimeo.com](mailto:dmca@vimeo.com) |