Last updated: 6th October 2015
Code404 S.L. ("Company") has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Company's policy to (1) block access to or remove material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A repeat infringer is a user for whom Code404 S.L. has received more than four notices of claimed infringement or for which Code404 S.L. has had to remove content more than four. Notwithstanding the preceding sentence, Code404 S.L. reserves the right to immediately terminate the account of any user for egregious infringing activities in Code404 S.L.'s sole determination and discretion.
If you believe that material or content residing on or accessible through the Company Web site or service infringes an intellectual property right that you own or control, please send a notice of claimed infringement containing the following information and only the following information to the Designated Agent listed below. Please note that you will be liable for damages, including costs and attorneys' fees, if you materially misrepresent that content or an activity is infringing your copyrights.
If claiming trademark infringement, the statement "I swear under penalty of perjury that I am the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the intellectual property owner, its agent, or the law."
It is Company's policy:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the owner of the intellectual property, the owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Any DMCA counter notices must be emailed to: [email protected], we cannot accept them sent to any other address or communication method.
By sending a Counter Notice you consent that any personal information identified on the document will be sent in full, uncensored, to the content provider.
The DMCA counter notice must include the Displaybit DMCA Reference ID, this can be located in your DMCA report in your Displaybit account.
We operate a 3 strike repeat offender policy. If the Company has received three valid DMCA notices, the Company will notify user they have 72 hours to issue any Counter-Notices or their account will be suspended. Upon suspension, no funds will be paid to the account owner and no links will be accessible belonging to the user's account.
The only way a DMCA strike can be removed from a user's account is by a 6 month expiration (providing no further notices have been received during this time) or by countering the DMCA notice with a valid counter-notice.
There are two methods to report a DMCA notice to us -
Offline, via our DMCA Agent postal mail address:Rick Chapo
Our addressCode 404, S.L.