DMCA POLICY

Our Digital Millennium Copyright Act (“DMCA”) Policy

Impact Theory has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Impact Theory or of a third party, or otherwise violated any intellectual property laws or regulations.  Impact Theory’s policy is to investigate any allegations of copyright infringement brought to its attention.

Take-Down Notice:

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Impact Theory to delete, edit, or disable the material in question, you must provide Impact Theory with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent set forth below:

  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • Identification of the copyrighted work (or works) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Impact Theory to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly).
  • Information reasonably sufficient to permit Impact Theory to contact you, including your address, telephone number, and e-mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;
  • A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information.

For this notification to be effective, you must provide it to Impact Theory’s Designated Agent, Copyright Manager, by email at dmca@impacttheory.com.  You can also mail your DMCA request to: Antoine Law Group, APC, 9595 Wilshire Blvd., Ste. 900, Beverly Hills, CA 90212.  Mailing DMCA notices may delay the processing of your request.  Only copyright complaints should be sent to agent.  No other communications will be accepted or responded to.

If you fail to comply with all of the requirements above, your DMCA notice may not be valid and not be acknowledged.  Once proper Notice is received by the Designated Agent, it is Impact Theory’s policy:

  1. to remove or disable access to the infringing material;
  2. to notify the content provider, member, or user that it has removed or disabled access to the material; and
  3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.

Counter-Notice.

If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

  • 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 federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If a counter-notice is received by the Designated Agent, Impact Theory may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Impact Theory’s discretion.

Last Updated: August 1, 2017