DMCA Takedown Policy
Procedure for DMCA Copyright Notifications and Counter-Notifications
Arcley respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload through the Arcley app do not infringe any third party copyright.
Consistent with the Digital Millennium Copyright Act, Arcley will promptly remove or disable materials posted to or through Arcley upon receiving a proper notice that the materials infringe a third party\\\\'s copyright. Repeat violators may have their account suspended.
How to File a DMCA Notice to Remove Copyrighted Content
If you believe that your work has been copied in a way that constitutes copyright infringement, please file a claim using the DMCA Notification Form. Notifications may also be made via e-mail email@example.com or postal mail 87 East Green Street Suite 309 Pasadena, CA 91105.
A complete DMCA Notification must include: (1) Your name, address, telephone number, and email address (if any). (2) A description of the copyrighted work that you claim has been infringed. (3) A description of where in the ARCLEY system the material that you claim is infringing may be found so that Arcley may locate the material. (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. (5) A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\\'s behalf. (6) Your electronic or physical signature.
How to File a DMCA Counter-Notification to Restore Removed Content
If you believe that your material has been removed by mistake or misidentification, please provide Arcley with a written counter-notification by using the DMCA Counter-Notification Form. Counter-Notifications may also be made via e-mail firstname.lastname@example.org or postal mail 87 East Green Street Suite 309 Pasadena, CA 91105.
A complete DMCA Counter-Notification must include: (1) Your name, address, and telephone number. (2) A description of the material that was removed and the location (e.g., the URL or use name) where it previously appeared. (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. (4) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Arcley may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. (5) Your electronic or physical signature.
Complete Counter-Notifications will be sent to the person who submitted the original DMCA notice, and that person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. The original DMCA takedown notice will be available upon request.
Repeat Infringer Policy
Accounts of users that have been the subject of three (3) separate DMCA notices will be terminated. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Arcley will treat the underlying DMCA notice as withdrawn.
Arcley reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances.
Liability for Misrepresentation
Under section 512(f) of the copyright act, 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter- notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.