DEQUENCY DMCA POLICY

At Dequency, we take the protection of intellectual property seriously and expect the users of our Site to do the same. The Digital Millennium Copyright Act of 1988 (“DMCA”) allows copyright owners the ability to remove material posted online by sending a takedown notice to the online service provider (“OSP”). This policy explains that process. Submitting a DMCA Takedown Notice

If you believe your copyrighted work has been used on this Site in an infringing manner, you may notify our copyright agent at margaret@dequency.io. To be effective, a notice must contain substantially the following information:

  • The signature of the copyright owner or an authorized agent;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
  • Identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit the OSP to locate the material (or the reference or link);
  • Contact information for the copyright owner or authorized agent;
  • A statement that the person sending the notice 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 notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.

Dequency’s Responsibility

Once we receive a compliant notice, we will act expeditiously to remove or disable access to the infringing material. We will then promptly notify the user that originally uploaded the material that it has been removed or disabled.

Submitting a Counter-Notice

If the user believes that the material was removed as a result of mistake or misidentification of the material, the user may submit a counter-notice requesting the reinstatement of the material. To be effective, a counter-notice must contain substantially the following information:

  • A physical or electronic signature of the user;
  • 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 under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person

DMCA takedown notices and counter-notices must be submitted as a written notification to the Dequency Designated Agent at margaret@dequency.io.

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED DUE TO YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17. U.S.C. 512(c)(3) or contact a lawyer.