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DMCA Copyright Policy

Last Updated: [DATE]

Gagged respects the intellectual property rights of others and expects users of Gagged (the "Platform" or "Service") to do the same. This Copyright Policy is intended to comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. If you believe material available through the Service infringes your copyright, you may submit a copyright infringement notification pursuant to the procedures below.

1. Copyright Infringement Policy

We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove content alleged to be infringing, disable access to allegedly infringing material, suspend accounts, terminate repeat infringers, or take any additional action deemed appropriate. We may act without prior notice to affected users.

2. Designated Copyright Agent

DMCA notices should be sent to our Designated Copyright Agent:

Kaden
Through the Contact Form.

Only copyright-related notices should be sent to this contact.

3. How to Submit a DMCA Takedown Notice

If you believe copyrighted material has been infringed, submit a written notice containing all of the following:

A. Identification of the Copyrighted Work

A description of the copyrighted work claimed to have been infringed. If multiple copyrighted works are involved, a representative list may be provided.

B. Identification of the Allegedly Infringing Material

Provide sufficient information to locate the material, including URLs, usernames, post identifiers, screenshots (if available), or other identifying information.

C. Contact Information

Include your full legal name, mailing address, telephone number, and email address.

D. Good Faith Statement

Include the following statement:

"I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."

E. Accuracy and Authority Statement

Include the following statement:

"The information in this notice is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

F. Signature

Provide a physical or electronic signature. Failure to provide required information may result in rejection of the notice.

4. Response to Valid Notices

Upon receipt of a substantially compliant notice, we may remove the content, disable access to the content, restrict the associated account, or notify the user who posted the content. We reserve sole discretion regarding implementation of enforcement actions.

5. User Notification

Where appropriate, we may notify the affected user that content has been removed or disabled due to a copyright complaint. Notification may include information regarding the complaint, instructions regarding counter-notification procedures, and information required by applicable law. We are not obligated to provide advance notice before removal.

6. Counter-Notification Procedure

If you believe content was removed due to mistake or misidentification, you may submit a counter-notification. A valid counter-notification must include:

A. Identification of Removed Material

A description of the material that was removed or disabled and its prior location.

B. Statement Under Penalty of Perjury

Include the following statement:

"I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification."

C. Contact Information

Provide your full legal name, address, telephone number, and email address.

D. Consent to Jurisdiction

If located in the United States, include:

"I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located."

If located outside the United States, include:

"I consent to the jurisdiction of any judicial district in which the service provider may be found."

E. Service of Process Statement

Include the following statement:

"I will accept service of process from the person who submitted the original DMCA notification or that person's agent."

F. Signature

Provide a physical or electronic signature. Counter-notifications should be sent to the Designated Copyright Agent listed above.

7. Restoration of Content

If a valid counter-notification is received, we may restore removed material in accordance with applicable law. However, we reserve the right not to restore content where required by law, subject to a court order, subject to ongoing legal proceedings, or where restoration would create legal or security concerns. Nothing in this policy guarantees restoration of content.

8. Repeat Infringer Policy

We maintain a policy for terminating accounts of repeat copyright infringers where appropriate. Factors considered may include the number of notices received, severity of infringement, frequency of violations, history of prior enforcement actions, and legal risk to the platform. We reserve sole discretion in determining whether a user qualifies as a repeat infringer.

9. Misrepresentations

Submitting knowingly false infringement notices or counter-notifications may subject the sender to liability under 17 U.S.C. § 512(f) and other applicable laws. We reserve the right to reject notices, suspend reporting privileges, restrict accounts, or cooperate with legal authorities.

10. Non-Copyright Claims

This DMCA Policy applies only to copyright claims. For complaints involving trademarks, defamation, privacy violations, harassment, Community Guideline violations, or other legal issues, please use the appropriate reporting channels provided by the Service.

11. Investigation Rights

We reserve the right to request additional information, request proof of ownership, request identity verification, decline incomplete submissions, or remove content before completing an investigation. Submission of a notice does not guarantee action.

12. Record Retention

We may retain DMCA notices, counter-notifications, correspondence, account records, and evidence related to claims for legal, compliance, operational, and security purposes. Records may be retained after account termination.

13. Limitation of Liability

To the maximum extent permitted by law, Gagged, its affiliates, officers, employees, agents, contractors, and licensors shall not be liable for actions taken in response to DMCA notices, counter-notifications, copyright investigations, content removals, account restrictions, or account terminations, whether such actions are ultimately determined to be justified or not.

14. No Legal Advice

Nothing in this Policy constitutes legal advice. Users should consult qualified legal counsel regarding copyright matters.

15. Changes to This Policy

We may update this DMCA Copyright Policy at any time. Changes become effective upon posting. Continued use of the Service after publication of changes constitutes acceptance of the revised Policy.