Digital Millennium Copyright Act (DMCA) Policy

Last updated: January 1, 2025

dpAnalyzer respects the intellectual property rights of others and expects the same from the merchants, partners, and users who rely on our products. This policy explains how to submit a notification when you believe material on our platform infringes your copyright, how we respond to those notices, and the process for submitting a counter notification if you believe content was removed in error.

Our response procedures follow the requirements of the Digital Millennium Copyright Act (17 U.S.C. �512). We reserve the right to remove or disable access to content that allegedly infringes without prior notice, and to suspend or terminate repeat infringers where appropriate.

Submitting a DMCA Notification

If you believe that content hosted on or distributed through dpAnalyzer infringes your copyright, you may submit a written notification to our designated DMCA agent. To allow us to process your request efficiently, your notice must include all of the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if multiple items are covered by a single notification.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material on the Services (such as URLs, storefront names, or order numbers).
  • Your contact information, including 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 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.

Please note that knowingly submitting false claims may expose you to liability for damages under Section 512(f) of the DMCA. You may wish to consult legal counsel before filing a notice.

Counter Notification

If you believe your content was removed or access to it was disabled as a result of mistake or misidentification, you may submit a counter notification to our DMCA agent. Your counter notice must contain all of the following:

  • 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 to it 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.
  • Your name, mailing 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 if you reside outside of the United States, for any judicial district in which dpAnalyzer may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a valid counter notification, we may restore the content in question unless the original complainant informs us within 10 business days that they have filed an action seeking a court order to keep the material removed. We may notify the original claimant of the counter notice and share the information you provide.

Repeat Infringer Policy

Consistent with the DMCA, we may terminate accounts or access to the Services of users who are determined to be repeat infringers. We consider a host of factors, including the number and nature of valid notices received and whether counter notifications were filed, when deciding whether to take action against an account.

Removal & Restoration

When we receive a valid DMCA notification, we promptly remove or disable access to the reported material. We may also notify the affected user or account owner, providing information about the notice and instructions for submitting a counter notification if appropriate. We are not obligated to restore access to material unless the DMCA requirements for a counter notification are met.

Designated DMCA Agent

Notices and counter notices should be directed to our designated DMCA agent:

dpAnalyzer DMCA Agent
456 Data Processing Way
Wilmington, DE 19801
dmca@dpanalyzer.com

For efficiency, please include "DMCA Notice" or "DMCA Counter Notice" in the subject line of any email you send. Submission of a notice does not guarantee that we will remove content; we will evaluate each notice for completeness and legal sufficiency.

Reservation of Rights

We may share copies of DMCA notifications and counter notifications with the parties involved or as otherwise required by law. We also reserve the right to seek damages from any party that knowingly submits a false notification or counter notification. This policy may be updated from time to time to reflect changes in the law or our internal processes.

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