DMCA Policy

1. Overview

MobiSend, LLC ("MobiSend," "we," "us," or "our") respects the intellectual property rights of others and expects users of our website, mobile application, and related services (collectively, the "Service") to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, we will respond to clear notices of alleged copyright infringement that comply with the requirements described below. This Policy explains how to submit a notice of infringement, how to submit a counter-notification, and how we handle repeat infringers.

2. Designated Copyright Agent

MobiSend has designated an agent to receive notifications of claimed copyright infringement under the DMCA. All notices and counter-notifications must be sent to this agent:

To speed up the review of your request, please put "DMCA Notice" or "DMCA Counter-Notification" in the subject line of your email. Notices that do not include all of the required elements described below may not be actionable.

3. Filing a Notice of Infringement

If you are a copyright owner, or are authorized to act on behalf of one, and you believe that material available through the Service infringes your copyright, you may submit a written notification to our Designated Agent. To be effective under 17 U.S.C. § 512(c)(3), your notification must include substantially all of the following:

• A physical or electronic signature of the copyright owner, or a person authorized to act on the owner’s behalf.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of those works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access to it disabled, with information reasonably sufficient to permit us to locate the material (for example, the URL or a description of where it appears on the Service).
• Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and, if available, an 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.

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees. If you are not sure whether material is protected by copyright law, or whether use of it is authorized, we recommend that you consult an attorney before submitting a notice.

4. Our Response to a Valid Notice

Upon receipt of a notice that substantially complies with the requirements above, MobiSend will:

• Remove or disable access to the material alleged to be infringing.
• Take reasonable steps to notify the user who posted the material that it has been removed or disabled.
• Provide that user with a copy of the notice or its substance, and information about the counter-notification process described in Section 5.

MobiSend reserves the right, in its sole discretion and without liability, to remove or disable access to any material it believes in good faith may be infringing, and to terminate the accounts of users involved.

5. Filing a Counter-Notification

If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our Designated Agent. To be effective under 17 U.S.C. § 512(g)(3), your counter-notification must include substantially 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 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 of the material to be removed or disabled.
• Your name, mailing address, and telephone number.
• A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your mailing address is located (or, if your address is outside the United States, the judicial district in which MobiSend may be found), and that you will accept service of process from the person who submitted the original notice, or that person’s agent.

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages.

If we receive a valid counter-notification, we may send a copy to the original complaining party and inform that person that we may restore the removed material in 10 to 14 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be restored on the Service in that timeframe.

6. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, MobiSend has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the accounts of users who are determined to be repeat infringers. MobiSend may also limit access to the Service or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.

7. Changes to This Policy

We may update this DMCA Policy from time to time. We will post any changes on this page and update the "Last updated" date above. Your continued use of the Service after a change takes effect constitutes your acceptance of the updated Policy.

8. Contact

For copyright matters, contact our Designated Agent at [email protected]. For all other questions, see our Terms of Service and Privacy Policy, or email [email protected].