DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
Effective Date: 3 January 2021
Last Updated: 9 September 2024
1. OVERVIEW AND POLICY STATEMENT
1.1 Goju Karate ("we," "us," or "our") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), codified at 17 U.S.C. § 512, we have adopted the following policy regarding copyright infringement claims and will respond expeditiously to valid notices of claimed copyright infringement.
This policy applies to all content hosted on, transmitted through, or accessible via our website(s), services, and platforms (collectively, the "Service").
2. COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
2.1 Filing a DMCA Takedown Notice
If you are a copyright owner, or an agent authorized to act on behalf of a copyright owner, and you believe that any content hosted on our Service infringes your copyrighted work, you may submit a notification pursuant to Section 512(c)(3) of the DMCA.
IMPORTANT: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Do not make false claims.
2.2 Required Elements of DMCA Notice
To be effective under the DMCA, your written notice must include ALL of the following elements:
Physical or Electronic Signature: A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of Copyrighted Work: 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.
Provide specific details such as:
Title of the work
Author/creator name
Copyright registration number (if applicable)
Publication information
Any other identifying information
Identification of Infringing Material: 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 to which is to be disabled. You must provide information reasonably sufficient to permit us to locate the material, including:
Specific URL(s) where the allegedly infringing material is located
Page title and description
Username of the account (if applicable)
Screenshot or detailed description of the location of the material
Timestamp of when the material was posted (if known)
Contact Information: Information reasonably sufficient to permit us to contact you, including:
Full legal name
Mailing address
Telephone number
Email address
Good Faith Statement: 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.
Accuracy Statement: 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.
2.3 Deficient Notices
Notices that do not substantially comply with the requirements above may not be processed. We may, in our sole discretion, contact you to seek clarification or additional information, but we are not obligated to do so.
3. DESIGNATED COPYRIGHT AGENT
All DMCA notices should be sent to our designated Copyright Agent:
Designated Copyright Agent:
ERIC SMITH
/on behalf of
GOJU KARATE
1159 2nd Ave
Suite 445
New York, NY 10065
USA
Note: The above designated agent information has been filed with the United States Copyright Office as required by Section 512(c)(2) of the DMCA.
4. TAKEDOWN PROCESS AND RESPONSE PROCEDURES
4.1 Processing Timeline
Upon receipt of a valid DMCA notice, we will:
Acknowledge Receipt: Send confirmation of receipt within 1-2 business days
Review: Conduct an initial review for completeness within 1-3 business days
Action: Remove or disable access to the allegedly infringing material expeditiously, typically within 24-48 hours of receiving a valid notice
Notification: We may, at our sole discretion, notify the affected user that their content has been removed or disabled. We will not do this for content that we consider to be de minimus, with such determination to be made solely by us.
5. COUNTER-NOTIFICATION PROCEDURE
5.1 Filing a Counter-Notification
If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification pursuant to Section 512(g)(3) of the DMCA.
IMPORTANT: Under Section 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
5.2 Required Elements of Counter-Notification
Your counter-notification must include ALL of the following:
Physical or Electronic Signature: Your physical or electronic signature.
Identification of Removed Material: 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.
Good Faith Statement: 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.
Consent to Jurisdiction: 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 the original DMCA notification or an agent of such person.
5.3 Counter-Notification Process
Upon receipt of a valid counter-notification, we will:
Forward Notice: Promptly provide the original complaining party with a copy of the counter-notification
Inform of Restoration: Inform the complaining party that we will replace the removed material or cease disabling access to it in 10-14 business days
Restore Content: Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter-notice, unless our Designated Agent first receives notice from the complaining party that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
6. REPEAT INFRINGER POLICY
6.1 Account Termination
In accordance with Section 512(i)(1)(A) of the DMCA and as part of our repeat infringer policy, we will terminate user accounts of subscribers and account holders who are determined by us to be repeat infringers. We may also, in our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6.2 Determination of Repeat Infringer Status
We consider various factors when determining whether a user is a repeat infringer, including but not limited to:
Number of DMCA notices received
Number of counter-notifications filed
Pattern of infringing behavior
Response to previous notices
Good faith efforts to comply with copyright law
6.3 Appeals Process
Users whose accounts have been terminated may appeal the decision by contacting our designated agent with:
Explanation of circumstances
Evidence that the determination was made in error
Commitment to comply with copyright policies
7. MODIFICATIONS TO COPYRIGHTED CONTENT
Please note that we do not review, monitor, or edit the content posted by users. However, we may modify or adapt user-submitted content for technical reasons (formatting, compression, etc.). Such modifications do not create new copyrighted works or affect the underlying copyright ownership.
8. LIMITATION OF LIABILITY
We are not liable for:
Any action taken in response to DMCA notices or counter-notifications
Removal or disabling of access to material
Restoration of material pursuant to counter-notification
Termination of user accounts under our repeat infringer policy
Note: WE DO NOT, UNDER ANY CIRCUMSTANCES, OFFER TO PURCHASE CONTENT THAT YOU BELIEVE MAY OR MAY NOT INFRINGE ON ANY RIGHTS WHICH YOU POSSESS OR REPRESENT. THE TOTALITY OF OUR REMEDY AND LIABILITY IS TO REMOVE CONTENT. THERE IS NO EXCEPTION TO THIS POLICY.
9. INTERNATIONAL CONSIDERATIONS
9.1 Non-U.S. Copyright Claims
While this policy is based on U.S. copyright law, we respect intellectual property rights globally. Copyright owners from other countries may use this process, though we may also respond to takedown requests under other applicable laws and international treaties.
9.2 Safe Harbor Limitations
This policy and our safe harbor protections may not apply to users or content outside the United States. International users should be aware that different legal standards may apply.
10. ABUSE OF DMCA PROCESS
10.1 False Claims
We take abuse of the DMCA process seriously. Submitting false or bad faith DMCA notices or counter-notifications may result in:
Legal liability under Section 512(f) of the DMCA
Termination of accounts
Referral to appropriate authorities
Other legal consequences
10.2 Monitoring and Enforcement
We reserve the right to monitor DMCA submissions for patterns of abuse and take appropriate action, including refusing to process notices from repeat abusers.
We use publicly available information in regards to patterns of abuse; in our sole determination, if we identify you or your organization as being a part of such a pattern of abuse, we will consider you or your organization a repeat abuser under this section.
11. POLICY UPDATES
This policy may be updated from time to time. Material changes will be posted on our website with an updated effective date. Your continued use of our Service after any such changes constitutes acceptance of the new policy.