Notice and Takedown Policy

1. ABOUT THIS POLICY

  1. We take intellectual property rights seriously. We comply with applicable intellectual property laws and best industry practices to maintain our integrity.

  2. This notice and takedown policy explains how we address allegations of infringement, how authorised parties can submit infringement notices regarding content on the Service, and how users can respond when their Shared Content is affected by a notice.

  3. Use of our service is also governed by our Terms of Use. Unless the context requires otherwise, capitalised terms used in this policy have the meaning given to them in the Terms of Use.

2. OUR ROLE

  1. Users of the Service are responsible for ensuring they:

    1. have all necessary rights to their Shared Content and to submit to and distribute their Shared Content through the Service; and

    2. are not infringing or violating any third party’s Intellectual Property Rights by uploading their Shared Content onto the Service or making their Shared Content available for download through the Service.

  2. Without limitation to our rights under our Terms of Use, we may remove any Shared Content or account that we believe violates our Terms of Use and/or this policy.

  3. We cannot speak on behalf of Intellectual Property owners, offer legal advice or make determinations on whether a user’s Shared Content infringes a third party’s Intellectual Property Right.

  4. We are not responsible for removing, and have no ability to remove, content that users of the Service have on their websites and social media feeds.

3. NOTICES OF IP INFRINGEMENT

  1. If you believe that any Shared Content infringes your copyright, you may file a notice of infringement by support@pixcap.com.

  2. Your notice must include, at minimum:

    1. identification and location (e.g. a URL) of the infringing Shared Content

    2. identification and location (e.g. a URL) and ownership details of the original content

    3. a statement that you believe in good faith that your content is infringed on by the infringing Shared Content

    4. details that lead to your belief that your content is infringed upon

    5. a statement that all the information you have provided is accurate

    6. your contact information

    7. your physical or electronic signature

  3. We aim to respond quickly when we receive proper notice of Intellectual Property infringement by removing or disabling access to the allegedly infringing Shared Content. When we remove or disable access in response to a notice, we will make a reasonable attempt to contact the affected user of the Service, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. We may also provide a copy of the infringement notice, including the contact details of the reporting party, to the affected user.

  4. Before processing a notice, we may request additional information such as identity verification of the reporting party or documentation relating to the claimed right. We may, at our discretion, reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. We also reserve the right to take action against abusers of this policy.

4. COUNTER NOTICE

We accept counter notices for notices alleging copyright infringement only. When we receive a counter notice, we will provide a copy of the counter notice to the original reporting party. The removed Shared Content may be replaced or access to it may be restored 7 days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing user and informs us of this action.

5. REPEAT INFRINGEMENT

  1. We may, at our discretion and without limitation to our rights under the Terms of Use, terminate the accounts of users who are subject to repeat or multiple notices of Intellectual Property infringement.

  2. If we believe a user of the Service has attempted to sign up for a new account after termination of their initial account, we reserve the right to refuse all services to that user. We may exercise this right against any accounts we believe are associated with or operated by that user.

6. NOTICE WITHDRAWALS

  1. We only accept withdrawals of infringement notices directly from the Intellectual Property owner or authorised representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the user and/or Shared Content.

  2. Once we receive a formal withdrawal of a notice of infringement, we will make reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal.

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