DMCA Policy

Overview

Surkyl respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using our Services.

This policy applies to all Surkyl services, including MueSync and any other products that allow users to upload, store, or share content.

Our Commitment: We take copyright infringement seriously. When we receive a valid DMCA takedown notice, we will respond within 5 business days to review the claim and take appropriate action.

Filing a DMCA Takedown Notice

If you believe that content hosted on our Services infringes your copyright, you may submit a DMCA takedown notice to our designated agent. Your notice must include the following information:

Required Elements

1. Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed. If multiple works are covered by a single notification, provide a representative list.
2. Identification of the infringing material: A description of the material you claim is infringing, including the URL or other specific location where the material is found. Provide enough detail for us to locate the material.
3. Your contact information: Your name, mailing address, telephone number, and email address.
4. Good faith statement: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
5. Accuracy statement: A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
6. Signature: Your physical or electronic signature.

Where to Send

Send your DMCA takedown notice to:

• Email: [email protected] (preferred)

Response Timeline

We will review and respond to valid DMCA takedown notices within 5 business days. Upon receipt of a valid notice, we will:

• Remove or disable access to the allegedly infringing material
• Notify the user who posted the material
• Provide the user with a copy of the takedown notice

Counter-Notification Process

If you believe your content was removed in error or that you have authorization to use the material, you may file a counter-notification.

Required Elements

Your counter-notification must include:

1. Identification of the removed material: A description of the material that was removed and the location where it appeared before removal.
2. Your contact information: Your name, mailing address, telephone number, and email address.
3. Consent to jurisdiction: A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which Surkyl may be found), and that you will accept service of process from the person who provided the original takedown notice.
4. Good faith statement: A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
5. Signature: Your physical or electronic signature.

Counter-Notification Process

Upon receipt of a valid counter-notification, we will:

• Forward the counter-notification to the original complainant
• Inform the complainant that we will restore the material in 10-14 business days unless they notify us that they have filed a court action
• Restore the material within 10-14 business days if no court action is filed

Repeat Infringer Policy

In accordance with the DMCA, we maintain a policy to terminate, in appropriate circumstances, users who are repeat infringers.

Warning System

• First violation: Warning and content removal
• Second violation: Final warning and content removal
• Third violation: Account termination

Immediate Termination

We reserve the right to terminate accounts immediately, without warning, in cases of:

• Egregious or willful infringement
• Commercial-scale piracy
• Uploading content known to be infringing
• Circumventing technical protection measures

Designated Agent

Our designated agent for receiving DMCA notices is:

• Email: [email protected]
• Company: Surkyl

Note: Our DMCA agent registration with the U.S. Copyright Office is pending. This page will be updated with full agent details upon registration.

Good Faith Requirement

Warning: The DMCA provides that any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be subject to liability.

Before filing a DMCA notice, please consider whether the use of the material might be protected by fair use or other legal doctrines. If you are unsure whether the material infringes your rights, we recommend consulting with an attorney.

Filing a false DMCA notice may result in:

• Liability for damages, including costs and attorneys' fees
• Criminal penalties for perjury
• Termination of your Surkyl account

Contact Information

For DMCA-related inquiries:

• DMCA Notices: [email protected]
• General Legal: [email protected]

For non-DMCA copyright questions or licensing inquiries, please contact [email protected].