DMCA Notice & Takedown Policy for Breakwater Path
Effective Date: March 12, 2025
1. Introduction
Breakwater Path respects intellectual property rights and complies fully with applicable U.S. copyright laws, including the Digital Millennium Copyright Act (DMCA).
We promptly respond to valid DMCA notices and take appropriate action when necessary to remove or disable access to allegedly infringing material.
➡️ If you believe that your copyrighted material has been improperly used or referenced on www.breakwaterpath.com, our YouTube Channel, social media pages, or other affiliated platforms, please follow the instructions provided below.
2. DMCA Notification Requirements
To submit a DMCA claim, your written notice must clearly include:
- Identification of the copyrighted work claimed to be infringed.
- Specific URLs or detailed descriptions of the allegedly infringing material found on Breakwater Path.
- Your full contact information (name, address, phone number, and email address).
- A good-faith statement confirming that you believe the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
- Your physical or electronic signature.
3. Submitting a DMCA Notification
Please send your DMCA notice via email to our designated agent:
Jason B. Ball
📧 Email: [email protected]
Subject Line: “DMCA Notice”
➡️ Incomplete or unclear notices may delay processing or be disregarded.
4. Response and Takedown Procedure
Upon receiving a valid DMCA notice, Breakwater Path will:
- Promptly acknowledge receipt of the DMCA claim.
- Review and investigate the alleged infringement.
- Take appropriate action, including removal or disabling of access to the infringing material.
- Notify the user who posted the content, if applicable, about the takedown.
5. DMCA Counter-Notification Procedure
If you believe content was mistakenly removed due to a DMCA notice, you may submit a counter-notification containing:
- Identification of the material removed and URLs where it previously appeared.
- Your full contact information (name, address, phone number, email).
- A statement, under penalty of perjury, that you believe the content was removed by mistake or misidentification.
- A statement of consent to the jurisdiction of the U.S. Federal District Court in Oregon (or jurisdiction in which Breakwater Path operates).
- Your physical or electronic signature.
➡️ Send counter-notices via email to:
Jason B. Ball
📧 Email: [email protected]
Subject Line: “DMCA Counter-Notice”
6. Misrepresentation and Liability Disclaimer
⚠️ Under Section 512(f) of the DMCA, submitting false or misleading notices or counter-notices may result in legal liability, including damages and attorney’s fees.
Breakwater Path reserves the right to pursue legal remedies against parties submitting fraudulent or malicious claims.
7. Repeat Infringer Policy
Breakwater Path enforces a strict policy against repeat copyright infringement:
- Users repeatedly identified in valid DMCA claims may face permanent suspension or restriction of posting privileges.
8. Third-Party Content Disclaimer
Breakwater Path is not responsible for DMCA claims arising from third-party embedded or externally linked content.
➡️ Users must direct DMCA notices related to external content to the original content providers or hosting platforms.
9. Jurisdiction and Governing Law
This DMCA Policy and all related disputes are governed by the laws of the United States and the State of Oregon.
➡️ Users agree to the exclusive jurisdiction of state and federal courts in Oregon for all DMCA-related disputes involving Breakwater Path.
10. Transparency and Public Disclosure
Breakwater Path reserves the right to publicly document and disclose DMCA notices and counter-notices for transparency and accountability.
➡️ Personal or sensitive information will be redacted from public disclosures as appropriate.
11. Good-Faith Compliance
Breakwater Path strives to comply fully and in good faith with legitimate DMCA notices and intellectual property concerns, following federal copyright law standards.
12. Regular Review and Updates
This DMCA policy is regularly reviewed and updated to remain compliant with evolving legal and industry standards.
➡️ Last Updated: March 12, 2025
➡️ Updates are effective immediately upon posting.
13. Contact for Clarifications or Questions
For any questions or concerns related to this DMCA Policy, contact:
📧 Email: [email protected]
✅ Comprehensive Summary of DMCA Notice & Takedown Policy
| Key Aspect | Summary |
|---|---|
| Notification Requirements | Clear identification of copyrighted work and infringing material. |
| Complete Contact Information Required | Name, address, phone, email, good-faith statement, signature. |
| Response Process | Acknowledge, investigate, remove if appropriate, notify involved user. |
| Counter-Notice Process | Clear procedure for those who believe their content was wrongly removed. |
| Misrepresentation Warning | False claims may lead to legal liability and damages. |
| Repeat Infringer Policy | Repeated infringement may result in permanent restriction. |
| Third-Party Content Disclaimer | Not liable for content hosted on third-party platforms. |
| Jurisdiction | Governed by U.S. and Oregon law. |
| Transparency | DMCA notices may be publicly documented (with private info redacted). |
| Commitment to Compliance | Full good-faith adherence to copyright law and DMCA. |
| Policy Review | Regularly updated as laws and practices evolve. |
✅ Optional Quick Footer Summary (Optional for Website Footer):
Breakwater Path respects copyright laws and responds to valid DMCA notices. Contact: [email protected] for DMCA claims. See full policy on our website.