DMCA Policy

Digital Millennium Copyright Act ("DMCA") Notice


Byte Me Geeks (collectively, “we” or “us”) respects the intellectual property rights of others just as it expects third parties to respect its rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us as directed below. We do not permit copyright infringing activities and infringement of intellectual property rights using our websites, mobile applications and online services (collectively, the “Services”). All such uses of the Services are violations of our Terms Of Use Policy. As with any system where user-contributed content (“User Content”) is present, we do not have the technological means to know in advance or to determine whether any given content is used with permission, under license, or is a ‘fair use’. To the extent technically feasible, where infringing content is found and identified on a server or other computer directly controlled by Byte Me Geeks, we will endeavor to assist copyright holders in protecting their rights under the Digital Millennium Copyright Act.


Notice of Infringement (Claims / Take Down Notices)

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.

If you are a copyright owner or an authorized agent of such an owner with a good faith belief that any content used with the Services or included as part of any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:

  1. Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  2. Identification of the material that you claim to be infringing or to be the subject of infringing activity and that you believe must be removed, or access to which should be disabled, and information reasonably sufficient to permit Byte Me Geeks to locate the material;
  3. Information reasonably sufficient to permit Byte Me Geeks to contact you, such as name, address, phone number, and email;
  4. A verified statement that you have 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
  5. A verified statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send all Take Down Notices to our designated Copyright Agent as set forth below:


CONTACT US

If you have any questions regarding this Privacy Policy, please contact the owner and operator of this website business at:

Byte Me Geeks
Attn: Copyright Infringement
1424 W Rainey St,
Ozark, MO, 65721

Email: info@bytemegeeks.com

Telephone: (417) 429-1633

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the Materials, Services or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying on such misrepresentation in removing or disabling access to the Materials, Services or activity claimed to be infringing.

NOTE: Only verified DMCA Take Down Notices should go to the designated Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Byte Me Geeks. You acknowledge that if you fail to comply with all of the requirements of 17 U.S.C. § 512(c)(3), your DMCA Take Down Notice may not be valid and may not achieve the desired result. DMCA Take Down Notices that do not substantially comply with the foregoing requirements, which do not provide enough information for the allegedly infringing content to be located, or which lack the requirement verification may not receive a reply.

Upon receipt of a verified DMCA Take Down Notice that identified allegedly infringing content in the required manner, Byte Me Geeks will investigate and disable access to the allegedly infringing material. We will also notify its User of the Take Down Notice, and if we receive a Counter Notice that substantially complies with the requirements below, we may restore access to the content in question consistent with the procedures below and the provisions of the DMCA.


Counter Notices

Byte Me Geeks understands that copyright holders are not always correct in their beliefs regarding infringement, even when requesting ‘take downs’ in good faith under the DMCA. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and/or use the material in your content, you may send a Counter Notice containing the following information to our designated Copyright Agent (see above):

  1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  2. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  3. Your name, address, phone number, and email address, a statement that you consent to the jurisdiction of the federal court in Greene County, Springfield, Missouri, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
  4. Your physical or electronic signature.

If a Counter Notice is received by our Copyright Agent, Byte Me Geeks may send a copy of the Counter Notice to the original complaining party informing them that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the user, the removed content may be replaced, or access to it restored in ten (10) business days or more after receipt of the Counter Notice, at Byte Me Geeks' sole discretion.

 

Last Updated: July 30, 2018