DMCA Policy
MOODAP respects the intellectual property rights of others. This page explains our policy regarding copyright infringement claims under the Digital Millennium Copyright Act (DMCA).
1. Copyright Infringement Notification
If you believe that content on MOODAP infringes your copyright, you may submit a DMCA takedown notice to our designated Copyright Agent. Your notice must include the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing, including its location on the Platform (URL or specific description)
- Your contact information, including your name, address, telephone number, and email address
- 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
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
2. How to Submit a DMCA Notice
All DMCA notices should be sent to our designated Copyright Agent:
Please note: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. We recommend consulting with an attorney before filing a DMCA notice.
3. Our Response to DMCA Notices
Upon receiving a valid DMCA notice, we will:
- Remove or disable access to the allegedly infringing material
- Notify the user who posted the material that we have removed or disabled access to it
- Provide the user with a copy of the DMCA notice
- Inform the user of their right to file a counter-notice
We may also terminate the accounts of repeat infringers in appropriate circumstances.
4. Counter-Notice Procedure
If you believe that your content was removed or disabled by mistake or misidentification, you may file a counter-notice with our Copyright Agent. Your counter-notice must include:
- Your physical or electronic signature
- Identification of the material that has been removed or disabled and the location where it appeared before removal
- A statement 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
- Your name, address, telephone number, and email address
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Southern District of New York if your address is outside the United States)
- A statement that you will accept service of process from the person who provided the original DMCA notice or their agent
Send your counter-notice to our Copyright Agent at the address listed in Section 2 above.
5. Response to Counter-Notices
Upon receiving a valid counter-notice, we will:
- Forward a copy of the counter-notice to the person who filed the original DMCA notice
- Inform that person that we will restore the removed content within 10-14 business days unless they file a court action seeking an order to restrain the allegedly infringing activity
- Restore the content within 10-14 business days if we do not receive notice that a court action has been filed
6. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, MOODAP has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
7. False Claims
Please be aware that under Section 512(f) of the DMCA, you may be held liable for damages (including costs and attorneys' fees) if you knowingly materially misrepresent that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification.
8. Modifications to This Policy
We reserve the right to modify this DMCA Policy at any time. Any changes will be effective immediately upon posting to the Platform. Your continued use of the Platform following any changes constitutes your acceptance of the modified policy.
9. Other Intellectual Property Claims
If you believe content on the Platform infringes other intellectual property rights (such as trademark rights), please contact us at legal@moodap.com with details of your claim. While the DMCA process described above applies specifically to copyright claims, we take all intellectual property concerns seriously.
10. Contact Information
For all copyright and DMCA-related inquiries, please contact our Copyright Agent:
Copyright Agent
MOODAP Inc.
150 W 47th St, New York, NY 10036
Email: legal@moodap.com
Phone: 212.202.7474
Important Legal Notice
This DMCA Policy is provided for informational purposes only and does not constitute legal advice. If you are uncertain about whether material on MOODAP infringes your copyright or whether you should file a DMCA notice or counter-notice, we strongly recommend consulting with an attorney.
Related Legal Documents
