DMCA Policy
Last updated: December 13, 2024
Overview
Web3Connect respects the intellectual property rights of others and expects our users to do the same. This policy outlines our procedures for responding to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.
1. Designated DMCA Agent
In accordance with DMCA § 512(c)(2), Web3Connect has designated an agent to receive notifications of claimed copyright infringement:
DMCA Agent:
Web3Connect Pty Ltd
Attn: DMCA Agent
110 Mill Point Road
Toorloo Arm, VIC 3909
Australia
Email: [email protected]
Note: This contact is for DMCA notices only. For general support, please contact [email protected].
Our agent registration is on file with the U.S. Copyright Office at: copyright.gov/dmca-directory
Registration Number: DMCA-1069217
2. How to Submit a Takedown Notice
If you believe that content on Web3Connect infringes your copyright, you may submit a takedown notice to our DMCA Agent. Under 17 U.S.C. § 512(c)(3), your notice must include:
2.1 Required Elements
- Your signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed. If multiple works are involved, a representative list is acceptable.
- Identification of the infringing material: The specific location of the allegedly infringing material on Web3Connect (provide URL or review ID).
- Your contact information: Address, telephone number, and email address where we can reach you.
- Good faith statement: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- Accuracy and authority statement: A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
2.2 Notice Template
To: [email protected] Subject: DMCA Takedown Notice I, [Your Name], am the copyright owner (or authorized to act on behalf of the copyright owner) of the following copyrighted work(s): [Description of copyrighted work - title, registration number if applicable, URL of original work, etc.] I have identified the following material on Web3Connect that infringes my copyright: [URL(s) of infringing content on web3connect.com] My contact information: - Name: [Your name] - Address: [Your address] - Phone: [Your phone number] - Email: [Your email address] I have a good faith belief that the use of the material described above is not authorized by the copyright owner, its agent, or the law. I declare, under penalty of perjury, that the information in this notice is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner. Signature: [Your signature or /s/ Your Name] Date: [Date]
2.3 Incomplete Notices
If your notice is missing required elements, we may:
- Request additional information before taking action
- Decline to act on the notice until it is complete
We will make reasonable efforts to contact you if your notice is deficient.
3. How We Process Takedown Notices
3.1 Receipt and Review
Upon receiving a valid takedown notice:
- Acknowledgment: We will acknowledge receipt within 1-2 business days.
- Review: We will review the notice for completeness and validity.
- Action: If valid, we will expeditiously remove or disable access to the allegedly infringing material.
3.2 Notification to User
When we remove or disable content in response to a DMCA notice:
- We will notify the user who posted the content via email.
- We will provide a copy of the takedown notice (or summary).
- We will inform the user of their right to submit a counter-notification.
3.3 Timeline
- Acknowledgment: Within 1-2 business days of receipt
- Removal (if valid): Within 1-3 business days of verification
- User notification: Promptly after removal
4. Counter-Notification Process
If you believe that material you posted was removed by mistake or misidentification, you may submit a counter-notification.
4.1 Counter-Notification Requirements
Under 17 U.S.C. § 512(g)(3), your counter-notification must include:
- Your signature: Physical or electronic signature.
- Identification of removed material: The material that was removed and its location before removal.
- Statement under penalty of perjury: That you have a good faith belief that the material was removed as a result of mistake or misidentification.
- Consent to jurisdiction: Your consent to the jurisdiction of the federal district court in your area (or in Victoria, Australia if you are outside the US), and that you will accept service of process from the party who submitted the takedown notice.
- Your contact information: Name, address, telephone number, and email.
4.2 Counter-Notification Process
Upon receiving a valid counter-notification:
- Forward to complainant: We will send a copy to the party who submitted the original takedown notice.
- 10-14 business day window: The complainant has 10-14 business days to notify us that they have filed a court action seeking to restrain the allegedly infringing activity.
- Restoration: If we do not receive notice of a filed court action within this window, we may restore the removed material.
5. Repeat Infringer Policy
In accordance with DMCA § 512(i)(1)(A), Web3Connect has adopted and reasonably implements a policy for terminating accounts of users who are repeat infringers.
5.1 Definition
A "repeat infringer" is a user who:
- Has been the subject of two (2) or more valid DMCA takedown notices within any 12-month period
- Has not successfully contested the notices via counter-notification
5.2 Consequences
| Strike | Consequence |
|---|---|
| First notice | Content removed; warning issued |
| Second notice | Content removed; final warning; account restricted |
| Third notice | Account terminated; permanent ban |
5.3 Restoration of Access
If a counter-notification is successful (i.e., no court action filed by complainant within the statutory period), the associated strike will be removed from the user's record.
6. Misrepresentation
False Takedown Notices
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees.
Do not submit false takedown notices. We may:
- Report false notices to appropriate authorities
- Pursue legal action against abusive claimants
- Disqualify future notices from the same party
Similarly, submitting a false counter-notification may result in legal liability. Only submit a counter-notification if you genuinely believe the takedown was a mistake or misidentification.
7. What We Remove
7.1 Types of Content
Our DMCA process applies to user-generated content on Web3Connect, including:
- Review text and images
- Partner profile content
- Uploaded logos and media
- Verification documents
- Comments and responses
7.2 What We Don't Remove via DMCA
DMCA takedown notices are for copyright infringement only. For other concerns:
- Trademark issues: Contact [email protected]
- Defamation: Contact [email protected]
- Privacy violations: Contact [email protected]
- Other policy violations: Use the "Report" feature or contact [email protected]
8. Good Faith Use
We believe in the balance between protecting copyright holders and preserving legitimate uses of content. We recognize that:
- Fair use: Some uses of copyrighted material may be protected as fair use under 17 U.S.C. § 107.
- Criticism and commentary: Reviews may legitimately quote or reference copyrighted works for criticism.
- Factual information: Facts and ideas cannot be copyrighted.
If you believe your use is protected by fair use or another defense, you may submit a counter-notification.
9. Modifications
We may update this DMCA Policy to reflect changes in law or our practices. Material changes will be posted on this page with an updated "Last Updated" date.
10. Contact Information
DMCA Agent:
Web3Connect Pty Ltd
Attn: DMCA Agent
110 Mill Point Road
Toorloo Arm, VIC 3909
Australia
Email: [email protected]
Legal References
- Digital Millennium Copyright Act, 17 U.S.C. § 512
- U.S. Copyright Office DMCA Directory: copyright.gov/dmca-directory
- 17 U.S.C. § 512(c)(3) - Takedown notice requirements
- 17 U.S.C. § 512(g)(3) - Counter-notification requirements
- 17 U.S.C. § 512(f) - Misrepresentation liability