Copyright & DMCA

This page reproduces Section 13 of our Terms of Service. See our Privacy Policy for how we handle information in notices.

13. Copyright Policy and DMCA Notices

13.1 Our policy. We respect intellectual property rights. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. In appropriate circumstances, we terminate the accounts of users who are repeat infringers.

13.2 Designated Copyright Agent. Send copyright notices and counter-notices to our designated agent (our "Copyright Agent"):

Copyright Compliance
Superpose, LLC (d/b/a DropTile)
9375 E Shea Blvd., Suite 100
Scottsdale, AZ 85260
Phone: (480) 788-7119
Email: copyright@droptile.com

This contact is only for copyright notices and counter-notices. Other messages sent to it may not receive a response.

13.3 What a copyright notice must contain. To be effective, your notice must be in writing, sent to our Copyright Agent, and include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notice, a representative list of those works.
3. Identification of the material claimed to be infringing that is to be removed or disabled, and information reasonably sufficient to let us locate it. Examples are the Drop link or URL and the username that posted it.
4. Information reasonably sufficient for us to contact you, such as your address, telephone number, and email address.
5. 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.
6. A statement that the information in the notice 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.

Before sending a notice, please consider whether the use may be a fair use or otherwise authorized. We may not act on a notice that does not substantially comply with these requirements. If a notice substantially complies with items 2, 3, and 4, we will attempt to contact you to complete it.

13.4 What happens after a valid notice. When we receive a valid notice, we will:

• remove or disable access to the material; and
• notify the user who posted it.

We may give that user a copy of the notice, including the complaining party's name and contact information. We may also remove or restrict content we believe infringes without receiving a notice.

13.5 Counter-notices. If your content was removed because of a copyright notice, and you believe it was removed by mistake or misidentification, you may send a counter-notice to our Copyright Agent. It must include substantially the following:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled, and where it appeared before removal (for example, the Drop link).
3. 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.
4. Your name, address, and telephone number.
5. A statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located. If your address is outside the United States, the statement must instead consent to any judicial district in which DropTile may be found.
6. A statement that you will accept service of process from the person who provided the original notice, or that person's agent.

For guardian-managed accounts, the Guardian must submit the counter-notice.

When we receive a valid counter-notice, we will:

• forward it, including your contact information, to the person who submitted the original notice;
• tell that person that we will restore the material in 10 business days; and
• restore the material no less than 10 and no more than 14 business days after we receive the counter-notice.

We will not restore the material if our Copyright Agent first receives notice that the complaining party has filed an action seeking a court order to restrain you from infringing activity relating to the material.

13.6 False notices and counter-notices. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorneys' fees. Submitting false notices or counter-notices also violates these Terms.

13.7 Repeat infringer policy.

• (a) Strikes. An account receives a copyright strike when we remove or disable content posted by that account in response to a valid copyright notice. A strike is removed if the content is restored after a valid counter-notice, or if the notice is withdrawn.
• (b) Termination. In appropriate circumstances, we terminate the accounts of users who are repeat infringers. An account that receives three strikes within any 12-month period will be terminated, unless we determine in our discretion that the strikes resulted from error or abuse of the notice process.
• (c) Earlier termination. In our discretion, we may terminate an account after fewer strikes, including after a single notice. For example, we may do so when the infringement is blatant, the account appears dedicated to infringement, or the user has tried to evade this policy.
• (d) Multiple items. When one notice identifies multiple items posted by the same account, we may treat it as one strike or as several.
• (e) After termination. Users whose accounts are terminated under this policy may not create new accounts, and we may terminate related accounts.
• (f) Expiration. For purposes of Section 13.7(b), strikes expire 12 months after they are issued. We keep records of all notices and strikes.

13.8 Other intellectual property. Report trademark and other non-copyright intellectual property concerns to report@droptile.com.