DMCA & Copyright Policy

Before You Submit — Fair Use

Before submitting a takedown notice, you should evaluate whether the material is protected by the fair-use doctrine under 17 U.S.C. §107 or by any license, exception, or other defense. Knowingly failing to consider fair use, or knowingly misrepresenting that material is infringing, may subject you to liability under 17 U.S.C. §512(f), including the payment of costs and attorneys' fees (see Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016)).

Reporting Copyright Infringement

If you believe that material hosted through ArdinGate infringes your copyright, you may submit a written DMCA notice including all of the following:

• Identification of the copyrighted work claimed to be infringed (and if multiple works, a representative list);
• Identification of the allegedly infringing material and its location, including the specific URL(s) where the material is located, with enough detail for us to find the material;
• Your contact information (full legal name, postal address, telephone number, and email address);
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law, and that you have considered whether the use is a fair use under 17 U.S.C. §107;
• A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Your physical or electronic signature.

Designated Agents

DMCA notices and counter-notifications should be sent to the designated agent for the LLC that hosts the material. If you are not sure which applies, you may send the notice to the ArdinGate LLC address below and we will route it appropriately.

For ArdinGate LLC (ardingate.com)

• ArdinGate LLC
• Attn: DMCA Designated Agent
• Orlando, Florida (full mailing address on file with the U.S. Copyright Office)
• Phone: on file with the U.S. Copyright Office
• Email: dmca@ardingate.com
• Subject line: "DMCA Notice"

For ArdinGate Studios LLC (studios.ardingate.com)

• ArdinGate Studios LLC
• Attn: DMCA Designated Agent
• Orlando, Florida (full mailing address on file with the U.S. Copyright Office)
• Phone: on file with the U.S. Copyright Office
• Email: dmca@ardingate.com
• Subject line: "DMCA Notice — Studios"

The authoritative agent information for each LLC is the version published in the U.S. Copyright Office Designated Agent Directory. Where any difference exists between this page and the directory, the directory controls.

Response to Notices

Upon receipt of a valid DMCA notice, ArdinGate will act expeditiously to remove or disable access to the allegedly infringing material and will notify the affected client in writing, including a copy of the notice. We typically act on valid notices within five (5) business days of receipt.

ArdinGate may forward takedown notices and counter-notifications (with personal information redacted where appropriate) to the Lumen database (formerly Chilling Effects), which maintains a public archive of such notices to promote research and transparency. By submitting a notice, you acknowledge that its contents may be included in that archive.

Counter-Notifications

If you believe material was removed in error, you may submit a written counter-notification to ArdinGate's designated agent (support@ardingate.com) that includes:

• Your name, address, phone number, and email address
• Identification of the material that was removed and the URL where it appeared
• A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification
• A statement consenting to the jurisdiction of the federal court in your district (or, if outside the United States, any judicial district in which ArdinGate may be found)
• Your physical or electronic signature

Upon receipt of a valid counter-notification, ArdinGate will promptly forward it to the original complainant (typically within five (5) business days). Consistent with 17 U.S.C. §512(g)(2)(C), if the complainant does not file a court action seeking to restrain the subscriber's activity within ten (10) business days of our forwarding the counter-notification, ArdinGate will restore the removed material not less than ten (10) nor more than fourteen (14) business days after receipt of the counter-notification.

Repeat Infringers

ArdinGate maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. Accounts associated with three (3) or more valid DMCA notices will be terminated.

Deficient Notices

DMCA takedown notices that are incomplete or missing required elements will not be acted upon. ArdinGate will notify the submitter of the deficiency so they may correct and resubmit a complete notice. ArdinGate is not required to act on a notice that does not substantially comply with the requirements of 17 U.S.C. §512(c)(3).

Misrepresentation

Under 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages, including costs and attorneys' fees.

Mobile Applications & App Stores

This DMCA policy applies to content hosted directly by ArdinGate on its servers and websites (including ardingate.com and studios.ardingate.com). For mobile applications distributed through the Apple App Store or Google Play Store, copyright infringement claims related to app store listings or distributed app content should be directed to the respective app store operator through their own DMCA or intellectual property reporting processes. ArdinGate will cooperate with valid legal requests related to app content it has developed.

Good Faith

ArdinGate responds to DMCA notices in good faith and is not required to adjudicate copyright disputes between parties. ArdinGate acts as a neutral intermediary and encourages parties to seek legal counsel for copyright disputes.

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