Reporting Claims Of Copyright Infringement (DMCA)

MysticsFive.com’s content is based on User Generated Content (UGC). MysticsFive does not review, govern regulate or check user uploaded or created content for violations of copyright or other rights. Users who have reason to believe any of the uploaded content violates your copyright or a related exclusive right should follow the process below. If violations are found to be violating third party  in any account, that account will be removed or disabled.

In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:

  • Identify user’s copyrighted work and what content is protected under the copyright(s)
  • Copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
  • Proof of copyrights ownership, registration number , copy of the registration certificate, etc.
  • A short description of how our user(s) allegedly infringe(s) your copyright(s)
  • Image of the material alleged as infringing and that  you are requesting to be removed, for example, url, link to content..
  • Complainant complete name, address, email address, and telephone number.
  • Written statement that user has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • Written and signed statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
  • Written or electronic signature

You can send your Notice to our Support email mailmystics5@gmail.com.

MysticsFive will provide the alleged infringing user with information about the Notice and allow user to respond in defense or appeal. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all cases actions will be taken in accordance with 17 U.S.C Section 512 and other applicable laws.

If a user fails to comply with all of the requirements of Section 512(c)(3) of the DMCA, the user’s  DMCA Notice may not be effective.
Please be aware that any user who knowingly materially misrepresents that material or activity on the Website is infringing their copyright may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If a user believes that material posted on the site was removed or access to it was disabled by mistake or mis-identification, he or she may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our support team.  Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Written or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • All contact information (including your name,  address, phone number and email address).
  • A written statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located.

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The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or mis-identification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.]

Trademark Infringement

MysticsFive.com’s content is based on User Generated Content (UGC). MysticsFive does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. MysticsFive looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

  • Identification of your trademark and the goods/services for which you claim trademark rights
  • Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
  • Clear description of how our user(s) allegedly infringe(s) your trademark(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the url, a link to the deliverable provided to a user, etc.
  • Complete name, address, email address, and phone number.
  • Written statement of good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  • Written signed statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner

You can send your Notice to support team mailmystics5@gmail.com

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. At our discretion, where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify user and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat violators.