DMCA Policy

Nintendo Store San Francisco ("we," "us," or "our") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Nintendo Store San Francisco service and website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

This policy outlines the procedure for filing a copyright infringement notification and a counter-notification in accordance with the DMCA.

Filing a Copyright Infringement Notice

If you are a copyright owner or an agent thereof and believe that any content hosted on or linked from the Nintendo Store San Francisco Site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material (e.g., specific URLs).
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
A statement that the complaining party 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Filing a Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notification containing the following information to our Designated Copyright Agent:

Identification of the material that has been removed or to which access has been disabled and the location (e.g., specific URLs) at which the material appeared before it was removed or disabled.
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 a misidentification of the material to be removed or disabled.
Your name, address, and telephone number.
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, for any judicial district in which Nintendo Store San Francisco may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Your physical or electronic signature.

If a counter-notification is received by the Designated Copyright Agent, Nintendo Store San Francisco may send a copy of the counter-notification to the original complaining party informing that person that Nintendo Store San Francisco may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at our sole discretion.

All copyright infringement notices and counter-notifications should be sent to our Designated Copyright Agent via our Contact Us page.