DMCA Copyright Policy

1. Overview

Spaidz, Inc. ("Spaidz") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims.

This policy applies to all content uploaded to the Spaidz platform by Creatives and other users.

2. Reporting Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Spaidz platform, you may notify our designated Copyright Agent by providing the following information in writing:

2.1 Required Information:

• A physical or electronic signature of the copyright owner or person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works)
• Identification of the material claimed to be infringing, with sufficient detail to locate it on our platform (including URL or content ID)
• Your contact information, including name, address, telephone number, and email address
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

2.2 Incomplete Notices:
Notices that do not include all required information may not be processed. We may request additional information before taking action.

3. Designated Copyright Agent

All DMCA notices should be sent to our designated Copyright Agent:

Spaidz, Inc.
Copyright Agent
10000 Lincoln Drive East, Suite 201
Marlton, NJ 08053

Email: DMCA@Spaidz.com
Subject Line: "DMCA Takedown Notice"

Phone: (323) 747-1442
Fax: (323) 747-1442

For fastest processing, we recommend submitting notices via email with all required documentation attached.

4. Takedown Process and Timeline

4.1 Review Process:

• Upon receipt of a valid DMCA notice, we will:
• Review the notice for completeness and validity
• Remove or disable access to the allegedly infringing material
• Notify the user who uploaded the content ("Uploader")
• Document the takedown in our records

4.2 Timeline:

• Initial Review: Within 24-48 hours of receipt
• Content Removal: Within 72 hours if notice is valid
• User Notification: Within 24 hours of removal

4.3 Content Restoration:

• Content will remain removed unless a valid counter-notification is received
• Content may be restored 10-14 business days after counter-notification if no legal action is filed

4.4 Repeat Infringer Policy:

• Users who repeatedly infringe copyright will have their accounts terminated
• Three valid DMCA takedowns within 12 months may result in permanent account suspension

5. Counter-Notification Procedure

If you believe that content you uploaded was removed in error or that you have authorization to use the content, you may file a counter-notification with our Copyright Agent.

5.1 Required Information:

• Your physical or electronic signature
• Identification of the material that was removed and its location before removal
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
• Your name, address, telephone number, and email address
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or New Jersey if outside the U.S.)
• A statement that you will accept service of process from the person who filed the original DMCA notice or their agent

5.2 Counter-Notification Process:

• Submit counter-notification to DMCA@Spaidz.com
• We will forward the counter-notification to the original complainant
• If no legal action is filed within 10-14 business days, we may restore the content
• We reserve the right to refuse restoration if we believe the content violates our Terms of Service

6. False Claims and Misrepresentation

6.1 Legal Consequences:
Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that:

• Material is infringing, or
• Material was removed or disabled by mistake or misidentification

May be liable for damages, including costs and attorney's fees.

6.2 Good Faith Requirement:

• All DMCA notices and counter-notifications must be made in good faith
• False or fraudulent claims may result in legal action
• We may report suspected false claims to appropriate authorities

6.3 Penalties:

• Civil liability for damages under 17 U.S.C. § 512(f)
• Potential criminal penalties for perjury
• Account termination for abuse of the DMCA process

7. User Responsibilities and Content Upload Requirements

7.1 Creative Obligations:
All Creatives uploading content to Spaidz must:

• Own all rights to the content or have proper licensing
• Provide chain of title documentation upon request
• Maintain records of copyright registration and licenses
• Ensure all music, images, and other elements are properly licensed
• Not upload content that infringes third-party rights

7.2 Content Verification:

• Spaidz may request proof of ownership or licensing at any time
• Failure to provide documentation may result in content removal
• Repeated failures may result in account suspension

7.3 Indemnification:

• Users agree to indemnify Spaidz for any copyright claims arising from their uploaded content
• Users are solely responsible for ensuring they have rights to all content

8. Safe Harbor Compliance

8.1 DMCA Safe Harbor:
Spaidz qualifies for DMCA Safe Harbor protection under 17 U.S.C. § 512(c) as a service provider that:

• Does not have actual knowledge of infringing activity
• Does not receive financial benefit directly attributable to infringing activity
• Responds expeditiously to remove or disable infringing material upon notification
• Has designated a Copyright Agent and filed with the U.S. Copyright Office

8.2 No Monitoring Obligation:

• Spaidz is not obligated to monitor content for copyright infringement
• We rely on copyright owners to notify us of infringement
• We respond promptly to valid DMCA notices

8.3 Limitations:

• Safe Harbor protection does not apply if we have actual knowledge of infringement
• We may proactively remove content that clearly infringes copyright

9. Repeat Infringer Policy

9.1 Three-Strike Policy:

• First Violation: Warning and content removal
• Second Violation: Temporary account suspension (30 days) and content removal
• Third Violation: Permanent account termination and all content removal

9.2 Tracking:

• We maintain records of all DMCA takedowns
• Violations are tracked over a 12-month rolling period
• Violations older than 12 months may be removed from record

9.3 Appeals:

• Users may appeal repeat infringer determinations
• Appeals must be submitted to DMCA@Spaidz.com within 30 days
• Appeals must include evidence of authorization or mistake

9.4 Account Reinstatement:

• Terminated accounts may be reinstated only in cases of clear error
• Reinstatement requires executive approval
• Users must agree to enhanced monitoring

10. Modifications to This Policy

10.1 Right to Modify:

• Spaidz reserves the right to modify this DMCA policy at any time
• Changes will be effective immediately upon posting
• Continued use of the platform constitutes acceptance of changes

10.2 Notification:

• Material changes will be communicated via email or platform notification
• Users are responsible for reviewing this policy regularly

10.3 Questions:
For questions about this DMCA policy, contact DMCA@Spaidz.com