Digital Millennium Copyright Act (DMCA) Notice
If you believe that material available on our platform infringes on your copyright(s), please notify us by submitting a DMCA notice. After we receive a valid and complete notice, we will investigate, remove the material, and make a good faith attempt to contact the user who uploaded the material, via email.
ThrivePage.com is a publishing platform where publishers often use copyrighted materials in commentary or journalism, or transform the materials into something original. As such, before submitting a DMCA notice, it’s important to consider whether the material used falls under fair use. If you are not sure whether material infringes on your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice. This document is not legal advice and shouldn’t be taken as such.
You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity infringes on your copyright.
Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties. In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.
Please follow these steps to file a notice:
Contact the content publisher directly.Go to the post in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the content publisher.
Send your complaint to our designated agent – if the issue cannot be resolved directly with the content publisher.
As required by the DMCA, we have a policy to terminate users and/or sites that we consider to be repeat infringers. Although we won’t share the specifics of our repeat infringer policy (we don’t want anyone to game the system, after all), we believe that it strikes the right balance: it protects the rights of copyright owners and protects legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a content publisher.
You can send your complaint to our designated DMCA agent at: team@ThrivePage.com
You must include the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyrighted work claimed to have been infringed;
- A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit ThrivePage to find and positively identify that material. For example we require a link to the specific web page that contains the material and a description of which specific portion of that web page – an image, a link, a text, etc. your complaint refers to;
- Your name, 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
What Happens Next
When a copyright holder (or someone acting on their behalf) submits a Digital Millennium Copyright Act (“DMCA”) takedown notice to us:
- We review the notice.
- If the notice is complete and valid, we remove the content.
- We notify the content publisher and reply to the copyright holder to let them know we’ve taken action. If the publisher wants to republish the post, they can edit the post to remove the specific content at issue and/or replace it. After making the changes, the publisher must reply to our message to let us know the issue was corrected.
- We add a strike to the publisher’s account if they don’t counter the notice.
- If the content publisher believes they have rights to use the content or that the notice was submitted incorrectly, we review and process their counter notice.
- In spite of the counter notice, the publisher cannot republish the content because the copyright holder then has 10 business days to initiate legal proceedings against the content publisher to prevent them from using their content. If the copyright holder doesn’t take further legal action within 10 business days we restore the content.
Publishers cannot, under any circumstances, republish the allegedly infringing content. Republishing content that was removed after receipt of a valid DMCA takedown notice could result in the publisher being permanently suspended from ThrivePage.com. If the counter notice procedure is followed, we’ll restore the content at the appropriate time.
DMCA Counter Notice
If you are a publisher on our platform and have received a Digital Millenium Copyright Act (DMCA) Infringement Notice that you believe was submitted in error, you may submit a counter notice. Counter notices must be submitted by the ThrivePage.com user who uploaded the material or an agent authorized to act on their behalf.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Thus, if you are not sure that the material was removed or disabled as a result of mistake or misidentification, you should first consider seeking legal advice.
Counter notices must be sent to our designated agent at: team@ThrivePage.com
And must include the following:
Identify the content that was disabled and the location where it appeared. The disabled content should have been identified by URL in the takedown notice. You simply need to copy the URL(s) to the web page with the content that you want to challenge, as well as the content type and location on that web page.
Include the following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Southern District of Florida, where ThrivePage is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person.”
Provide your contact information. Include your email address, name, telephone number, and physical address.
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 a mistake or misidentification of the material to be removed or disabled.” You may also choose to communicate the reasons why you believe there was a mistake or misidentification. If you think of your counter notice as a “note” to the complaining party, this is a chance to explain why they should not take the next step and file a lawsuit in response.
Include your physical or electronic signature.