DMCA Copyright Policy
Copyright Policy
This DMCA Copyright Policy (this “Policy”) forms part of the CopyWins Terms of Service and Creator Agreement. Capitalized terms not defined in this Policy have the meanings assigned to them in those agreements.
CopyWins Inc. (“CopyWins,” “we,” “us,” or “our”) respects the intellectual property rights of others and expects all users, creators, providers, and visitors to do the same.
CopyWins complies with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, and maintains a Designated Copyright Agent registered with the United States Copyright Office to receive notifications of claimed copyright infringement.
CopyWins is a technology platform that hosts user-generated content. Creators are solely responsible for the content they publish through the Platform. We do not pre-screen, pre-approve, or verify the ownership of user-generated content before it is made available through the Platform.
By accessing or using the Platform, you acknowledge that uploading, publishing, distributing, reproducing, selling, displaying, licensing, or otherwise using copyrighted material without the authorization of the copyright owner or as otherwise permitted by applicable law is strictly prohibited.
1. Reporting Copyright Infringement
If you believe that any content available through the Platform infringes your copyright, you may submit a written notification (a “DMCA Notice”) to our Designated Copyright Agent.
To be effective under the DMCA, your DMCA Notice must include:
Your physical or electronic signature.
Identification of the copyrighted work claimed to have been infringed.
Identification of the allegedly infringing material, including its URL or sufficient information to permit us to locate it.
Your full legal name, mailing address, telephone number, and email address.
A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or applicable law.
A statement, under penalty of perjury, that the information contained in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Failure to provide all required information may delay our review or prevent us from taking action.
2. Designated Copyright Agent
DMCA Notices should be directed to:
CopyWins Inc.
Attn: Designated Copyright Agent (DMCA)
254 Chapman Rd, Ste 208
Newark, Delaware 19702
United States
Email: [email protected]
3. Our Response to DMCA Notices
Upon receipt of a facially valid DMCA Notice, CopyWins may take any action it deems appropriate under the DMCA, applicable law, or its Platform policies, including without limitation:
Removing or disabling access to the allegedly infringing content.
Temporarily restricting access to the content while the claim is reviewed.
Notifying the creator or user responsible for the content.
Requesting additional information from the reporting party or the creator.
Preserving records and evidence relating to the reported content.
Preventing repeated uploads of content previously removed for copyright infringement where appropriate.
Cooperating with copyright owners, hosting providers, payment processors, governmental authorities, regulatory agencies, internet service providers, and law enforcement.
Taking any additional action permitted under applicable law or the Platform's Terms of Service, Creator Agreement, Content Policy, or other applicable policies.
Nothing in this Policy obligates CopyWins to make legal determinations regarding ownership, fair use, licensing, or infringement beyond its obligations under applicable law.
4. Counter-Notification
If you believe your content was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification pursuant to the DMCA.
A valid counter-notification must include:
Your physical or electronic signature.
Identification of the removed material and its location before removal.
A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
Your full legal name, mailing address, telephone number, and email address.
A statement consenting to the jurisdiction of the United States District Court for the judicial district in which you reside or, if outside the United States, the United States District Court for the District of Delaware.
A statement that you will accept service of process from the person who submitted the original DMCA Notice or that person's authorized representative.
Where permitted by applicable law, CopyWins may restore the removed content after receiving a valid counter-notification unless we receive notice that the complaining party has filed an action seeking a court order to restrain the allegedly infringing activity.
5. Repeat Infringer Policy
CopyWins maintains and reasonably implements a policy for terminating, in appropriate circumstances, the accounts of repeat copyright infringers as required by the DMCA.
Users or creators who repeatedly upload, publish, distribute, display, sell, license, or otherwise make available content that infringes the intellectual property rights of others may have their content removed, monetization disabled, account suspended, or account permanently terminated without prior notice.
CopyWins may also suspend or terminate accounts that repeatedly receive valid copyright complaints, repeatedly re-upload removed content, attempt to circumvent copyright enforcement measures, or otherwise misuse the Platform in violation of applicable law or Platform policies.
6. Creator Responsibility
Creators are solely responsible for ensuring they possess all rights, licenses, permissions, releases, consents, and legal authority necessary to upload, publish, distribute, display, reproduce, sell, license, monetize, or otherwise make available content through the Platform.
By publishing content through the Platform, creators represent and warrant that:
They own or otherwise possess all rights necessary to publish the content.
Their content does not infringe the intellectual property or other legal rights of any third party.
They have obtained all required permissions, licenses, releases, and approvals.
Their content complies with applicable law and all Platform policies.
Creators remain solely responsible for any legal claims arising from the content they publish.
7. Abuse of the DMCA Process
CopyWins reserves the right to reject, disregard, investigate, or request additional information regarding any DMCA Notice or counter-notification that is incomplete, inaccurate, fraudulent, submitted in bad faith, abusive, or otherwise fails to comply with applicable law.
Users who knowingly misuse the DMCA process may have their accounts suspended or terminated and may be subject to any other remedies available under applicable law.
8. False Claims
Submitting a knowingly false, misleading, fraudulent, or bad-faith DMCA Notice or counter-notification may result in civil liability, criminal liability, damages, attorneys' fees, costs, or any other remedies available under the DMCA or applicable law.
CopyWins reserves all rights available under the DMCA and other applicable laws to protect the Platform, its users, creators, intellectual property, and business interests from abusive or fraudulent copyright claims.
9. Reservation of Rights
Nothing in this Policy limits any rights, remedies, defenses, or protections available to CopyWins under the DMCA, applicable law, the Terms of Service, the Creator Agreement, the Content Policy, or any other Platform policy.
CopyWins reserves the right to investigate any alleged infringement, preserve relevant records and evidence, cooperate with copyright owners, users, creators, payment processors, hosting providers, governmental authorities, regulatory agencies, internet service providers, and law enforcement, and take any action it reasonably deems necessary to protect the Platform, its users, its intellectual property rights, and its legal interests.
10. Contact
Questions regarding this Policy, DMCA Notices, or counter-notifications should be directed to:
Designated Copyright Agent (DMCA)
CopyWins Inc.
254 Chapman Rd, Ste 208
Newark, Delaware 19702
United States
Email: [email protected]
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS DMCA COPYRIGHT POLICY AS PART OF THE COPYWINS TERMS OF SERVICE AND CREATOR AGREEMENT.