DMCA

We highly respect the Intellectual Property rights of others, so it’s our duty to respond to the DMCA takedown notices of alleged copyright infringement. You can notify us by writing us at legal@rankupturn.com or sending us the written compliant to the below address, if you believe that your copyrighted work has been infringed, based on the section 512 of Title 17 of Digital Millennium Copyright Act of 1998. The DMCA takedown notices should be sent or submitted only by the owner of such Intellectual Property rights or agent who has the legal authority to do so. A valid DMCA takedown notice must include the following details:

  1. the physical or digital signature of the copyright owner or an authorized agent;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
  3. identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit the OSP to locate the material (or the reference or link);
  4. contact information for the copyright owner or authorized agent;
  5. a statement that the person sending the notice has 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; and
  6. a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner
DMCA Copyright Agent Attention: Copyright Agent, RankUpturn, Inc. 300 Delaware Ave., Suite 210 Wilmington, DE, US, 19801 Email: legal@rankupturn.com

Upon the valid DMCA takedown notice, we shall promptly remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity, and notice the corresponding subscriber that we have removed or disabled access to the material.

You may be subject to, including but not limited to criminal prosecution, monetary damages, statutory damages, civil penalties and attorney fee, if you knowingly use this provision with deceptive or false intention, or misrepresent that online material is infringing to takedown the competitor online materials.

DMCA Counter Notice

Under DMCA act of 1998, any person who is in the subject of infringing activity can deny all or any part of the allegations by submitting the valid DMCA Counter Notice, if the subscriber believes that the material or activity was removed or disabled by mistake or misidentification. The valid DMCA Counter Notice includes the following:

  1. a physical or electronic signature of the user;
  2. 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;
  3. a statement under penalty of perjury that the user has 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;
  4. the user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Upon the receipt of a valid DMCA counter notification, we shall promptly notify the person who provided the notification, with a copy of the counter notification, and informs that person that we will replace the removed material or cease disabling access to it in 10 business days; and replace the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless we receive notice from the person who submitted the DMCA takedown notice has filed a lawsuit in court seeking to restrain you from infringing the copyrighted work(s) in question on our system or network.

You shall agree that, to the extent permitted by the applicable law, we as a service provider shall not be liable to you, or any person or entity for any claim based on our good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

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