popgeeks.com respects the intellectual property rights of others and expects all users of our website, forums, services, and applications (collectively, the “Platform”) to do the same.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. §512, popgeeks.com has adopted this policy to address claims of copyright infringement and to comply with applicable safe harbor requirements.
popgeeks.com intends to rely upon and invoke the safe harbor provisions of the DMCA, including 17 U.S.C. §512(c).
1. Designated Copyright Agent
Pursuant to 17 U.S.C. §512(c)(2), popgeeks.com has designated a Copyright Agent to receive notifications of claimed infringement.
Designated Agent:
DMCA Designated Agent
PopGeeks LLC
418 Broadway, Ste N
Albany, NY 12207
Phone: (914) 577-7551
Email: [email protected]
All copyright infringement notices should be sent to the above email address.
The Designated Agent’s information is registered with the U.S. Copyright Office and maintained as required by law.
2. Submitting a DMCA Takedown Notice
If you believe that material available on or through the Platform infringes a copyright you own or control, you may submit a written notification to our Designated Agent. To be effective under the DMCA, your notice must include all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed (or a representative list, if applicable)
- Identification of the allegedly infringing material, including sufficient information (such as URLs) to allow popgeeks.com to locate it
- Your name, mailing address, telephone number, and email address
- 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
- A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
Incomplete or defective notices may not be processed.
3. Response to DMCA Notices
Upon receipt of a valid DMCA takedown notice, popgeeks.com will, as appropriate and required by law:
- Expeditiously remove or disable access to the allegedly infringing material
- Notify the user who posted the content of the takedown
- Maintain records of notices received for repeat-infringer enforcement
4. Counter-Notification Procedure
If you believe that material you posted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to the Designated Agent. A valid counter-notification must include:
- Your physical or electronic signature
- Identification of the material that was removed or disabled and the location where it appeared before removal
- 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
- Your name, address, telephone number, and email address
- A statement consenting to the jurisdiction of the federal district court for your judicial district (or an appropriate U.S. jurisdiction if outside the United States) and agreeing to accept service of process from the original complainant
Upon receipt of a valid counter-notification, popgeeks.com may restore the removed material within 10–14 business days, unless the original complainant notifies us that they have filed a court action seeking to restrain the alleged infringement.
5. Repeat Infringer Policy
In accordance with the DMCA, popgeeks.com has adopted and reasonably implements a policy for terminating, in appropriate circumstances, users who are repeat infringers.
popgeeks.com maintains records of copyright infringement notices and enforces account termination, access restrictions, or other appropriate measures against users who repeatedly violate copyright laws, consistent with applicable law and at popgeeks.com and its representative’s discretion.
6. No Editorial Control / Financial Benefit Disclaimer
popgeeks.com does not pre-screen, approve, select, modify, or exercise editorial control over user-submitted content, which is made available at the direction of users.
popgeeks.com does not receive a financial benefit directly attributable to infringing activity where it has the right and ability to control such activity, within the meaning of 17 U.S.C. §512(c)(1)(B).
7. Misrepresentations
Any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability under 17 U.S.C. §512(f), including damages, costs, and attorneys’ fees. popgeeks.com reserves the right to pursue such remedies.
8. No Waiver of Rights
Nothing in this DMCA Policy limits popgeeks.com and its representative’s right to remove content, restrict access, or terminate accounts for violations of our Terms of Use or other policies, nor does it waive any rights or remedies available under law or equity.
9. Policy Updates
popgeeks.com reserves the right to modify this DMCA Policy at any time. Changes will be effective upon posting to the Platform.
