1. Overview
This Digital Millennium Copyright Act (DMCA) policy applies to EngageBay and our platform services. We respect the intellectual property rights of others and expect our users to do the same.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), we have adopted the following policy toward copyright infringement notices and the removal of infringing content.
2. Designated Copyright Agent
To submit a DMCA takedown notice or counter-notice, please contact our designated DMCA agent:
DMCA Agent: Legal Department
Email: [LEGAL_EMAIL]
Mailing address: EngageBay Inc.,1007 North Orange Street 4th Floor #180 Wilmington, DE 19801
Phone: +1 (416) 559-4899 (for urgent matters only)
Please do not send general inquiries or support requests to this address.
3. How to Submit a DMCA Takedown Notice
If you believe that content hosted on or through our platform infringes your copyright, you may submit a written notification pursuant to 17 U.S.C. § 512(c)(3). To be effective, the notification must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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 disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send the notice to our Designated Copyright Agent at the contact information provided above.
4. Repeat Infringer Policy
In appropriate circumstances, EngageBay may terminate the accounts of users who are repeat infringers of copyright in accordance with 17 U.S.C. § 512(i)(1)(A).
We reserve the right to terminate accounts of users who repeatedly infringe copyrights, even without receiving multiple formal DMCA notices.
5. Counter-Notification
If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our Designated Copyright Agent.
To be effective, a counter-notification must be a written communication that includes substantially the following:
1. Your physical or electronic signature.
2. 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 disabled.
3. 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 of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or if your address is outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who provided notification or an agent of such person.
After receiving a valid counter-notification, we will provide the complaining party with a copy of the counter-notification and inform them that we will replace the removed material or cease disabling access to it in 10–14 business days unless we first receive notice that the complaining party has filed an action seeking a court order against the user.
6. Misrepresentations and Consequences
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys’ fees.
Similarly, knowingly materially misrepresenting that material was removed by mistake or misidentification may also result in liability.
7. Contact for Questions
If you have any questions about this DMCA Policy, please contact us at [LEGAL_EMAIL].
This policy may be updated from time to time. The date of the last update appears at the top of this page.