Podpal, Inc. (“Podpal” also referred to as "our", "us" and "we") considers the protection of customer copyrights a top priority and takes reasonable measures to ensure your copywritten works are not infringed upon. This Digital Millennium Copyright Act Policy ("DCMA Policy") accompanies the Podpal Terms of Service Agreement entered into between you ("Customer") and Podpal. Capitalized terms used in this DMCA Policy that are not defined herein have the meanings given to them in the Agreement.
You may not use the Services in any manner that infringes upon any copyright. Such infringement may include, but is not limited to, selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate complaint notices of alleged copyright infringement that are provided to us in writing regarding content that may be located on or about www.podpal.com and/or the Services. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance (or lack thereof).
Podpal reserves the right, in its sole discretion, to close any account for which Podpal receives three or more copyright infringement complaint, without prior notice and without a refund of any fees. See Section 2.3 for more details regarding our Repeat Infringer Policy.
Any person or party who wishes to file a claim of copyright infringement regarding content hosted on or otherwise displayed via our Service may file notice via either email or postal mail. Any person or party who requires assistance filing a claim of copyright infringement should consult a legal professional for assistance.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
2.1 Alleged Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via Podpal’s Service, please notify Podpal’s copyright agent, pursuant to the United States Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, a notice of copyright infringement must include all of the following in writing:
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
44 Milton Ave Suite 128
Alpharetta, GA 30009
Please note that upon receipt of notice alleging content has infringed on anyone else’s copyrighted content, Podpal will contact the alleged infringer and give them approximately 1 business day to delete or modify the content specified in the notice. If the changes haven’t been made, Podpal will disable the content claimed to have infringed.
2.2 Counter Notice Procedure
If you believe your content has been disabled as a result of a mistake or misidentification, you may send us a counter notice meeting the requirements listed above that we will pass back to the original copyright owner. If the copyright owner wishes to keep the content in question disabled after receiving a counter notice, they’ll need to initiate legal action and seek a court order to restrain the user from publishing infringing content on Podpal’s Service. If Podpal doesn’t receive notice that such legal action has been initiated within 14 days, Podpal will re-enable the disabled content.
2.3 Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Service by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Service.
Each adjudication counts as a separate strike. If an adjudication pertains to multiple instances of copyright infringement, it can count as multiple strikes. Podpal has adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.
If you have any questions regarding Podpal’s DCMA Policy, please contact us at firstname.lastname@example.org.