The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act. To file a counter notification with us, you will need to send a written communication that includes substantially the following:
- Identify the specific URLs of material that Polyvore has removed or to which Polyvore has disabled access.
- Provide your full name, address, telephone number and email address, and the username of your Polyvore account.
- Provide 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 the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign the notice.
Send the written communication to the following address:
701 First Avenue
Sunnyvale, CA 94089
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):
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Polyvore. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.