Last updated: Feb 18th 2021
To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by 440 Ventures LLC, terminating the account of the User who published the content.
To notify us of claimed copyright infringement, please contact our customer support team by email at firstname.lastname@example.org
Under the DMCA, a notification of claimed copyright infringement must include all of the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
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 the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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; and
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.
If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above.
A DMCA counter-notification must include all of the following:
your physical 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 to it was disabled;
a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
REPEAT INFRINGER POLICY. 440 Ventures LLC’s intellectual property policy is to (a) remove or disable access to material that 440 Ventures LLC believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (b) remove any User Content you uploaded to the Service if you are a “repeat infringer” and terminate your right to use the Service. You are a “repeat infringer” if you are a User that has uploaded User Content or Feedback to or through the Service and for whom 440 Ventures LLC has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Content or Feedback. 440 Ventures LLC has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon 440 Ventures LLC’s own determination.
Designated Agent Contact Information. 440 Ventures LLC’s
designated agent for receipt of Notifications of Claimed Infringement (the
“Designated Agent”) can be contacted at:
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of 440 Ventures LLC relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f). 440 Ventures LLC reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.