Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

• Identify in sufficient detail the copyrighted work that you believe has been infringed upon. For example, "The copyrighted work at issue is the game that appears on http://www.legal.com/legal_page.html."
• Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

FOR GAME SEARCH, YOU MUST IDENTIFY EACH GAME THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to specify (a) that you found the game on game Search, (b) the title of the game, and (c) the URL of the page for that game (like this: http://www.knibble.com & www.fxlabs.com/games/play/g/123456/).

• Provide information reasonably sufficient to permit FXLabs to contact you (email address is preferred).
• Provide information, if possible, sufficient to permit FXLabs to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
• Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
• Include the following statement: "I swear, under penalty of perjury, that the information in the 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."
• Social sharing of data: Knibble allows other users to browse races you have voted on, races you have created, blogged, or commented on. This information is made available via your member profile (Www.knibble.com & www.fxlabs.com/user/username), or within the permalink URL of the race in which you performed the action on. Knibble may choose to post this data on other site features in the future.
• Sign the paper.
• Send the written communication to the following address:
  

  FXLabs
  Attn: FXLabs Legal Support, game DMCA Complaints
  2059 Camden Avenue, Suite 332
  San Jose, CA 95124

Counter Notification - copyright in the US

The administrator of an affected site may make a counter notification pursuant to sections 512(g) (2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at http://www.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

• Identify the specific URLs of material that FXLabs has removed or to which FXLabs has disabled access.
• Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c) (1) (C) or an agent of such person.
• Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
• Sign the paper.

  Send the written communication to the following address:

  FXLabs
  Attn: FXLabs Legal Support, game DMCA Complaints
  2059 Camden Avenue, Suite 332
  San Jose, CA 95124

Make sure you know whether the content that you have seen on www.knibble.com & www.fxlabs.com infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

Send us a notice with all of the following elements in it, using this format:

• Include a statement telling us that you have found a game on www.knibble.com and/or www.fxlabs.com which you believe infringes your copyright (for example, "I hereby confirm that I believe the game identified below infringes my copyright").
• Tell us which country your copyright applies to.
• Tell us the title of the game concerned and the full URL for its page (e.g. http://www.knibble.com & www.fxlabs.com/games/play/g/123456/).
• Explain to us exactly what part or parts of that game infringe your copyright.
• Identify the type (e.g. an animation, a logo, an image, a sound, etc.). And details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
• Let us have contact information so that we can get in touch with you (email address is preferred).
• Let us have the contact information which we can pass on to the submitter of the game concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
• Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so, on behalf of the copyright owner) and is not otherwise permitted by law."
• Include the following statement: "I swear, under penalty of perjury, that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings in respect of its use."
• Sign the notice.
  
  Send the notice, in writing, to the following address:
  FXLabs Studios Pvt. Ltd.
  Plot no: 564-A-26-III
  Road No: 92, Opposite Lotus Pond
  Jubilee Hills, Hyderabad 500 033.

  and in either case mark it clearly for the attention of "Legal Support, www.knibble.com and/or www.fxlabs.com"

  Responding to a notice - copyright outside the US
  Send the written communication to the following address:
  FXLabs
  Attn: FXLabs Legal Support, game DMCA Complaints
  2059 Camden Avenue, Suite 332
  San Jose, CA 95124

If we've provided you with details of an infringement notice in relation to content which you have uploaded to www.knibble.com and/or www.fxlabs.com, you should respond to the person or company who made the complaint to resolve the matter with them directly. We will have provided you with contact details for this purpose.

Account Termination

Many FXLabs services do not have account holders or subscribers. For Services that do, FXLabs will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact FXLabs and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.