This Digital Millennium Copyright Act Policy (“Policy”) governs the proticle.com website (“Website” or “Service”), as well as any of its related products and services (collectively, “Services”), and explains how Terrific Digital LLC (“Terrific Digital LLC,” “we,” “us,” or “our”) handles copyright infringement notifications and how you (“you” or “your”) can file a copyright infringement complaint.
We value intellectual property protection above everything else, and we expect our users and their authorized agents to do the same. It is our policy to respond quickly to unambiguous notices of suspected copyright infringement that are in compliance with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the wording of which can be found on the US Copyright Office website.
What to think about before filing a copyright claim
Please be aware that if you willfully misrepresent that the material or behavior is infringing, you may be responsible for any damages, including costs and lawyers’ fees, incurred by us or our users under 17 U.S.C. 512(f). If you’re not sure whether the material you’re reporting is infringing, you should consult an attorney before submitting a complaint with us.
We may disclose a copy of your notification or counter-notification with other parties at our discretion or if required by law. This could involve sharing the information with the account holder who is allegedly engaging in the infringing behavior or publishing it. If you’re worried about your information being passed on, you might hire an agent to report infringing content on your behalf.
Infringement notifications
If you are a copyright owner or agent and think that any material available on our Services infringes on your copyrights, you may file a written copyright infringement notification (“Notification”) with the DMCA using the contact information below. All of these Notifications must adhere to the DMCA’s guidelines.
The filing of a DMCA complaint initiates a pre-determined legal process. The correctness, validity, and completeness of your complaint will be examined. If your complaint meets these criteria, we may respond by removing or restricting access to allegedly infringing material, as well as permanently terminating the accounts of persistent infringers.
We will make a good faith effort to contact the affected user with information about the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone number, and email address), as well as for instructions for filing a counter-notification if we remove or restrict access to materials or terminate any account in response to a notification of alleged infringement.
Regardless of anything in this Policy to the contrary, Terrific Digital LLC maintains the right to take no action in response to a DMCA copyright infringement notification if it does not meet all of the DMCA’s requirements for such notifications.
Counter-notifications
Sections 512(g)(2) and (3) of the US Copyright Act allow a user who receives a copyright infringement Notification to file a counter-Notification. If you get a copyright infringement Notification, it signifies that the material mentioned in the Notification has been deleted from our Services or that access to it has been limited. Please read the Notification carefully, as it contains information about the Notification we received. You must produce a written statement that complies with the DMCA standards in order to file a counter-notification with us.
Please be aware that if you willfully misrepresent that the material or activity does not infringe on the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may be responsible for the expenses and lawyers’ fees paid by us or our users. As a result, you should consult an attorney before filing a counter-notification if you are unsure whether some material infringes on others’ copyrights or if the material or activity was removed or limited due to a mistake or misidentification.
Terrific Digital LLC maintains the right, notwithstanding anything in this Policy to the contrary, to take no action in response to a counter-notification. We may forward a counter-notification to the individual who submitted the initial Notification if it meets with the terms of 17 U.S.C. 512(g).
The procedure outlined in this Policy does not exclude us from pursuing any other remedies available to us in the event of the alleged violation.
Changes and additions
We retain the right to change this Policy or its terms relating to the Website and Services at any time, with an updated version of this Policy becoming effective upon posting on the Website. We’ll update the new date at the bottom of this page once we’ve done so.
Copyright infringement must be reported.
You may send an email to contact[at]proticle.com to inform us of the allegedly infringing material or conduct.
On February 23, 2022, this document was last updated.