Madgicx Copyright Policy
Last Updated: January 24th, 2023
Madgicx Ltd. (“Madgicx,” “we,” “our” or “us”) respects the intellectual property of others, and we ask our users to do the same. Under appropriate circumstances, we may warn or suspend users who infringe others’ copyrights, and in more serious cases such as repeated infringement, we may permanently terminate user accounts.
Submitting a Notice of Copyright Infringement
Per the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), if you believe that your work is accessible on our website located at www.madgicx.com (“Website”), our platform accessible via our Website or our related offerings (collectively, the “Services”), in a way that you believe infringes your copyright rights, or that contains links or other references to a different online location containing material that you believe infringes your copyright rights, you may notify Madgicx by providing the following information in a written notice to our designated agent for copyright notices (“Designated Agent”).
Designated Agent for Copyright Notices
Specific requirements for proper, valid notice are set forth in the DMCA. See 17 U.S.C. § 512(c)(3). A valid notice must include all of the following information:
- Physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to be infringed (for example, a link to the original work or a clear description of the materials allegedly infringed);
- Identification of the allegedly infringing material and information reasonably sufficient to permit Madgicx to locate the material on our Website or service (please provide a direct link to the allegedly infringing material, as well as a description of it - a homepage link is not sufficient for us to identify the allegedly infringing material);
- Information reasonably sufficient to permit Madgicx to contact you (your name, address, phone number and email address);
- A statement that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent or the law; and
- A statement, made under penalty of perjury, that the information in the notice is accurate, and that you are authorized to act on behalf of the copyright owner.
Our response to a valid notice of alleged infringement may include removing or restricting access to the allegedly infringing material. If we remove or restrict access to user content in response to a valid notice, we will make a good faith effort to contact the affected account holder or user with information concerning the removal or restriction of access, including a copy of the takedown notice, along with instructions for filing a counter-notice.
Please do not send any other notices or communications to the Designated Agent, who is appointed only for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Submitting a Counter-Notice
If you receive a copyright notice, it means that the content described in the notice has been removed from the Services, or access to the content has been restricted. Please take the time to read through the notice sent to you, which includes information on the notice that Madgicx received as well as instructions on how to file a counter-notice.
If you believe that the material reported in the copyright notice that you received was misidentified or removed in error, you may submit a counter-notice.
Specific requirements for proper, valid counter-notice are set forth in the DMCA. See 17 U.S.C. § 512(g)(3). A valid counter-notice must include all of the following information:
- A physical or electronic signature (for example, typing your full name);
- Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
- 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; and
- 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 the address is located, or if your address is outside of the United States, for any judicial district in which Madgicx may be found, and that you will accept service of process from the person who provided to Madgicx the copyright notice or an agent of such person.
To submit a counter-notice, please respond to our original email notification of the removal or disabling of access, and include all of the required information in the body of your email reply.
Upon our receipt of a valid counter-notice, Madgicx will promptly forward a copy to the person who filed the original notice of alleged copyright infringement. The original complaining party will then have 10 business days to notify Madgicx that it has filed a lawsuit relating to the allegedly infringing material. If we do not receive such a notice within the 10-business day period, we may restore access to the material that was removed or disabled.
Please consider carefully before sending Madgicx a copyright claim, especially if you are not sure whether you are the actual rights holder or authorized to act on the rights holder's behalf. Please also consider whether the allegedly infringing material might be authorized by law, such as under the fair use doctrine. 17 U.S.C. § 107. There are substantial penalties for false claims made under the DMCA. See 17 U.S.C. § 512(f), which provides that you may be liable for any damages, including costs and attorneys' fees incurred by Madgicx or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material that you are reporting is actually infringing, you may wish to consult with legal counsel before submitting a notice.
Repeat Infringer Policy
As noted above, pursuant to the DMCA, it is Madgicx’s policy to terminate the account of repeat copyright infringers in appropriate circumstances.
Do you have any questions about this policy?
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