DMCA
Introduction
Skixy (“we,” “us,” or “our”) complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) as codified in 17 U.S.C. § 512. As a “Service Provider” under the DMCA, we are entitled to certain “safe harbor” protections from claims of copyright infringement. This policy outlines the procedures for copyright holders to submit a notice of alleged infringement and for users to respond to such notices.
We reserve the right to modify this policy at any time. We encourage all users to regularly review these terms to stay informed of any updates.
I. Notice of Claimed Infringement
If you are a copyright owner or an agent thereof and believe that any content hosted on our site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- 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.
- 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.
Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees, if you knowingly materially misrepresent that material or activity is infringing.
II. Takedown Procedure
Upon receipt of a valid DMCA notification, we will act expeditiously to remove or disable access to the allegedly infringing material. We will also promptly notify the user who posted the material that their content has been removed.
III. Counter-Notification Procedure
If you believe that your material was removed or disabled by mistake or misidentification, you may send a counter-notification to our Designated Copyright Agent. To be effective, a counter-notification must be a written communication that includes the following:
- Your physical or electronic signature.
- 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.
- 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.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
If we receive a valid counter-notification, we will forward a copy to the original complaining party. If the copyright owner does not file an action seeking a court order to restrain you from engaging in the infringing activity within 10-14 business days of receiving the counter-notification, we may, in our sole discretion, reinstate the material.
IV. Repeat Infringer Policy
It is our policy to terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyright. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had user content removed from our site more than twice.
V. Designated Copyright Agent
All DMCA notices and counter-notifications should be submitted to our Designated Copyright Agent:
[email protected].