DMCA Policy
Event Boomer
("the Platform" which includes the Website and Mobile Application)
respects the intellectual property rights of others and expects its users to do
the same. In accordance with the Digital Millennium Copyright Act
("DMCA"), this DMCA policy ("Policy") has been established
to address copyright infringement claims on the Platform. This Policy outlines
the procedures to be followed when submitting a notice of claimed copyright
infringement ("Notice") and the steps taken by the Platform to
address such claims.
This Policy is a part of the terms and conditions which are set forth in our Terms of Use (“Terms”). Any terms that are not defined in this Policy shall have the meaning given in the Terms. Both the Terms and this Policy are legally binding on all users.
1.
Reporting
Copyright Infringement
If
you believe that your copyrighted work has been infringed upon on the Platform,
you must submit a written Notice to the designated agent of the Platform. The
Notice should include the following information:
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(s) claimed to have been infringed;
c) Sufficient
information to locate the material on the Platform that is claimed to be
infringing, including the specific URL(s) or other identifying information;
d) Contact
information of the copyright owner or authorized representative, such as an
email address, telephone number, or mailing address;
e) A
statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
f) A
statement, made under penalty of perjury, that the information provided in the
Notice is accurate and that you are the copyright owner or authorized to act on
behalf of the owner.
The
designated agent to receive such Notices is:
[Designated
Agent Name]
[Designated
Agent Address]
[Designated
Agent Email]
[Designated Agent Phone]
2.
Counter-Notification
If
you believe that the material removed or disabled as a result of a Notice is
not infringing or that you have the right to use the material, you may submit a
Counter-Notification. The Counter-Notification must be in writing and include
the following:
a) Your
physical or electronic signature;
b) 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 disabled;
c) 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 misidentification;
d) Your
name, address, telephone number, and email address;
e) A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if outside the United States, that you consent to the jurisdiction of any judicial district in which the Platform may be found and that you will accept service of process from the person who provided the Notice.
3.
Repeat
Infringers
When
a user is identified as a repeat infringer, it indicates that they have
repeatedly violated copyright laws by uploading or sharing copyrighted material
without proper authorization. The decision to terminate an account for repeat
infringement is made in appropriate circumstances. This means that the platform
will assess the severity and frequency of the copyright infringements before
taking action. The determination of whether a user is a repeat infringer is
typically based on factors such as the number of valid copyright infringement
notices received regarding their account, the nature of the infringements, and
any counter-notifications that may have been submitted.
By reserving the right to terminate the accounts of repeat infringers, the platform aims to discourage copyright infringement and maintain a safe and lawful environment for its users. This policy sends a clear message that repeated violations of copyright laws will not be tolerated and may result in the loss of access to the platform.
4.
Process
of Handling Notices and Counter-Notifications
Upon
receipt of a valid Notice or Counter-Notification, the Platform will take the
following steps:
a) Acknowledgment:
The Platform will acknowledge receipt of the Notice or Counter-Notification
promptly.
b) Investigation:
The Platform will review the Notice or Counter-Notification and will take
appropriate action as required under the DMCA.
c) Removal
or Restoration: If the Platform determines that the material in question is
infringing, it will remove or disable access to the infringing material. If the
Platform receives a valid Counter-Notification, it may restore the material in
question unless the copyright owner files a court order restraining such
restoration.
d) Communication: The Platform will communicate with the relevant parties to provide updates and inform them of the actions taken.
5.
Disclaimer
The Platform is not responsible for evaluating the validity or accuracy of Notices or Counter-Notifications. The Platform may rely on the information provided by the respective parties and shall not be liable for any damages or costs incurred as a result of reliance on such information.
6.
False
Claims
Please note that submitting false claims of copyright infringement may result in legal liability. If you are unsure whether material available on the Platform infringes upon your copyright, please consult with an attorney before submitting a Notice.
7.
Modification
By using the Platform, you agree to comply with this DMCA Policy. The Platform reserves the right to modify or update this Policy at any time without prior notice. It is your responsibility to review this Policy periodically for any changes.
8.
Contact
If
you have any questions or concerns regarding this DMCA Policy, please contact
the designated agent at the provided contact details.