DMCA

DMCA Last Updated on January 18, 2024

Digital Millennium Copyright Act (“DMCA”) Policy

The DMCA

The Digital Millennium Copyright Act (“DMCA”) establishes a standardized process for copyright holders (including software developers) to request Advertify Pty Ltd to remove infringing content.

As with all legal matters, it is advisable to seek professional advice regarding your specific questions or situation. We strongly recommend consulting with a legal professional before taking any actions that may affect your rights. Our guidelines do not constitute legal advice and should not be interpreted as such.

Accurate Information

The DMCA requires that any notice of infringement be submitted under penalty of perjury. Knowingly providing false information in a sworn declaration is a criminal offense (refer to South African Copyright Law). Submitting false information may also result in civil liability, potentially leading to legal action and monetary damages.

Investigation

Many users and organizations invest significant effort into creating content on Advertify Pty Ltd. Issuing a DMCA notice of infringement is a serious legal matter with real consequences. Therefore, we urge you to conduct a thorough investigation and seek legal advice before submitting a takedown request to ensure that the alleged use is not permissible.

Before sending a takedown notice, we recommend attempting to contact the user directly.

No Automated Bots

Every takedown notice should be carefully evaluated by a trained professional. If you enlist the services of a third party, ensure that they do not use automated bots to submit bulk notices. Notices generated by automated processes are often invalid and can result in the unnecessary removal of content.

Counter Notices

Any user affected by a takedown notice has the right to submit a counter notice. If a counter notice is received, we will reinstate the content within 14 days unless you inform us that you have initiated legal action against the user for engaging in infringing activity on Advertify Pty Ltd.

Determination

Advertify Pty Ltd's Sales & Marketing department exercises limited discretion in the process, primarily verifying whether notices meet the minimum requirements of the DMCA. Evaluation of the validity of claims is the responsibility of the parties involved and their legal representatives, bearing in mind that notices are made under penalty of perjury.

DMCA Takedown Notice

If someone is using your copyrighted content without authorization on Advertify Pty Ltd, please send an email notification to mac@advertify.co. You may include an attachment if necessary, but ensure to provide a plain-text version of your letter in the body of the email. Include the following information:

A physical or electronic signature (typing your full name will suffice) of the copyright owner or an authorized representative.Identification of the copyrighted work claimed to have been infringed, with clear description or link to the original work.Identification of the infringing material and information to locate it on our platform.Your contact information, including address, telephone number, and email address.A statement affirming your 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 provided is accurate and that you are authorized to act on behalf of the copyright owner, under penalty of perjury.If sending by physical mail, use the following address:

Attention Legal Department

DMCA Notice

Advertify Pty Ltd

By submitting a DMCA notice, you acknowledge that a copy of your submission disclosing all provided information may be shared with the accused party.

DMCA Counter Notice

If you believe your content was mistakenly removed due to a DMCA takedown request, you have the right to contest it by submitting a counter notice. Ensure you meet the requirements for DMCA counter notifications. You may submit a counter notice via email or physical mail.