Uhpenry DMCA Policy
Establishes Uhpenry's policy and procedures for handling notices and counter-notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512.
1. Purpose and Scope
This DMCA Policy (“Policy”) sets forth the procedures by which Uhpenry (“Platform,” “we,” “our,” or “us”) responds to notifications of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). This Policy applies to all users of the Platform, including Booth operators (“Booths”) and Users.
By using Uhpenry, you agree to comply with this Policy and to cooperate in good faith with any copyright-related investigations or proceedings.
2. Designated Agent
In accordance with 17 U.S.C. § 512(c)(2), all DMCA notifications and counter-notifications must be submitted to Uhpenry's Designated Agent at:
Email: [support@uhpenry.com]
Subject: DMCA Notice or DMCA Counter-Notice
Uhpenry may update this contact information from time to time by posting an updated version of this Policy.
3. Filing a DMCA Notice of Claimed Infringement
3.1 A DMCA notice must be in writing and include all of the following:
a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
b. Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved.
c. Identification of the material claimed to be infringing, including the exact URL or other specific location within the Platform.
d. The complaining party's name, address, telephone number, and email address.
e. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
3.2 Failure to include all required elements may result in the notice being deemed invalid.
4. Platform Response to Valid Notices
Upon receipt of a valid DMCA notice, Uhpenry shall:
- Promptly remove or disable access to the allegedly infringing material.
- Notify the user who uploaded the material (“Uploader”) of the removal, including a copy of the notice.
- Inform the Uploader of their right to submit a counter-notice as described in Section 5.
5. Filing a Counter-Notice
5.1 If an Uploader believes that material was removed or disabled as a result of mistake or misidentification, they may file a DMCA counter-notice containing:
a. The Uploader's name, address, telephone number, and email address.
b. Identification of the material that has been removed or to which access has been disabled, including the location prior to removal.
c. A statement, under penalty of perjury, that the Uploader has a good faith belief that the material was removed or disabled due to mistake or misidentification.
d. A statement consenting to the jurisdiction of the federal district court for the judicial district in which the Uploader's address is located, or if outside the United States, to any judicial district in which Uhpenry may be found, and that the Uploader will accept service of process from the person who provided the original notice or their agent.
e. The Uploader's physical or electronic signature.
5.2 Upon receipt of a valid counter-notice, Uhpenry shall forward it to the original complainant.
If the complainant does not file an action seeking a court order to restrain the allegedly infringing activity within ten (10) business days, Uhpenry may, at its discretion, restore the removed material.
6. Repeat Infringer Policy
In compliance with 17 U.S.C. § 512(i), Uhpenry shall, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers.
7. No Obligation to Adjudicate
Uhpenry is not obligated to adjudicate or resolve competing copyright claims and will act only in accordance with this Policy and applicable law.
Parties are encouraged to seek independent legal counsel regarding their rights and obligations.
8. Reservation of Rights
Uhpenry reserves the right to remove or disable access to any content at its sole discretion, with or without notice, for any reason, including suspected infringement, violation of our Terms of Service, or other unlawful activity.