Last Updated on February 17, 2021
Digital Millennium Copyright Act (“DMCA”) Policy
The Digital Millennium Copyright Act (“DMCA”) creates a standardized process for copyright holders (including software developers) to ask UpStarter LLC to take down infringing content. You can find more information about the DMCA at the U.S. Copyright Office’s official website.
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. Our guides are NOT legal advice and shouldn’t be taken as such.
The DMCA requires that you swear to the facts in your notice of infringement under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621). Submitting false information could also result in civil liability—that is, you could get sued for money damages.
Millions of users and organizations pour their hearts and souls into the content they create using UpStarter. Filing a DMCA notice of infringement against such is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown request to make sure that the use isn’t actually permissible.
A great first step before sending us a takedown notice is to try contacting the user directly.
No Automated Bots
You should have a trained professional evaluate the facts of every takedown notice you send. If you are outsourcing your efforts to a third party, make sure you know how they operate, and make sure they are not using automated bots to submit notices in bulk. These notices are often invalid and processing them results in needlessly taking down content.
Any user affected by your takedown notice may decide to submit a counter notice. If they do, we will re-enable their content within 14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on UpStarter.
UpStarter exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
How to Submit Your Notice and Counter Notice
The fastest way to get a response is to enter your information and answer all of the questions on our takedown or counter notification form(s):
DMCA Takedown Notice
If someone else is using your copyrighted content in an unauthorized manner on UpStarter, fill out the form below to submit a DMCA takedown notice and request that the infringing content be changed or removed. Before you begin, please ensure that you can answer the requirements for DMCA counter notifications.
You can also send an email notification to email@example.com. You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message.
If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail. If you still wish to mail us your notice, our physical address is:
Attention Legal Department
3200 N Hayden Road Suite # 703
Scottsdale, AZ 85251
By submitting a DMCA notice via our form, email, or physical mail, you acknowledge that a copy of your DMCA submission disclosing all information provided may be shared with the accused party.
DMCA Counter Notice
If you believe your content on UpStarter was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. Before you begin, please ensure that you can answer the requirements for DMCA counter notifications.
You may also submit a counter notice by e-mail or physical mail, as set forth above.
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