Digital Millennium Copyright Act (DMCA) Policy
1. Overview
PixServe LLC ("PixServe") respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). We respond to valid takedown notices that conform to the DMCA's statutory requirements and other applicable intellectual property laws.
It is our policy to respond expeditiously to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices and outlines our procedures for responding to them.
2. Filing a DMCA Takedown Notice
To file a DMCA takedown notice, you must provide a written communication to our designated DMCA agent that includes ALL of the following:
- 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. If multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, with information reasonably sufficient to permit us to locate the material. You must provide the direct URL(s) to the specific image(s) in question.
- Your contact information, including your full legal name, mailing address, telephone number, and email address.
- A 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.
- A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Notices that do not comply with all six requirements will be returned as deficient. Incomplete or improperly formatted notices may result in delays. We strongly recommend consulting with legal counsel before submitting a takedown notice.
Please be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages, including costs and attorneys' fees.
3. Designated DMCA Agent
All DMCA takedown notices should be sent to our designated agent:
DMCA Agent
PixServe LLC
30 N Gould St, Ste R
Sheridan, WY 82801
United States
Email: dmca@pixserve.cc
4. Counter-Notification
If you believe your content was removed in error or is not infringing, you may file a counter-notification with our designated DMCA agent. A valid counter-notification must include:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled.
- 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 of the material to be removed or disabled.
- Your full legal name, mailing address, and telephone number.
- 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 your address is outside the United States, the federal courts located in Sheridan County, Wyoming.
- A statement that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Upon receipt of a valid counter-notification, we will forward it to the original complainant and restore the material within 10–14 business days, unless the complainant notifies us that they have filed a court action seeking a restraining order against the counter-notifying party.
5. Processing Time
We respond to valid DMCA takedown notices within 10–14 business days. Notices that are complete and properly formatted will be processed more quickly. Counter-notifications are also processed within 10–14 business days of receipt.
6. Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i), PixServe maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. Accounts with three or more valid DMCA strikes will be permanently terminated. We also reserve the right to terminate any account at our sole discretion if a user is determined to be a repeat infringer, regardless of the number of formal notices received.