eMastered respects the intellectual property rights of others and expects its users to do the same. We operate as a “service provider” as defined under 17 U.S.C. §512(k) of the Digital Millennium Copyright Act (“DMCA”). Pursuant to Title 17, United States Code, Section 512, eMastered has implemented procedures for receiving written notifications of claimed copyright infringement and for processing such claims in accordance with the DMCA and its safe harbor provisions. We strive to comply with all conditions required to maintain safe harbor status, including promptly responding to valid notices and properly designating a DMCA Agent.

If, while using or visiting eMastered (the “Service”), you believe that content accessible on or through our platform infringes your copyright, you may submit a DMCA notice to our Designated DMCA Agent at the contact information provided below.

Please note that our Designated DMCA Agent is authorized only to receive notices of alleged infringement and related communications under the DMCA. The agent does not make legal determinations or provide legal advice.

Any claim that does not pertain to alleged copyright infringement, or that does not meet the requirements of a proper DMCA notice, will not be processed under this policy.

Jurisdiction and Venue:

By submitting a DMCA notice or counter-notice, you acknowledge and agree that any disputes related to such notices will be governed by the laws of the United States, without regard to conflict of law principles. You further consent to the jurisdiction of the federal and state courts located in Wilmington, Delaware, unless otherwise specified in our Terms of Service.

No Legal Duty to Investigate:

eMastered’s processing of DMCA notices is a legal compliance measure and does not constitute a legal determination of the validity of any claim. We are not obligated to conduct independent investigations or provide legal analysis. Our actions are based on the information submitted by the parties involved, and any removal, restoration, or other action does not amount to an admission or finding of infringement.

Reservation of Additional Remedies:

Nothing in this DMCA Policy limits our right to pursue other legal or equitable remedies. We reserve the right to seek damages, report suspected illegal activities to law enforcement, or take further measures consistent with applicable law and our Terms of Service, if warranted.

International Considerations:

This DMCA Policy is based on U.S. copyright law. If you are located outside the United States, local legal requirements may differ. We will consider DMCA notices as our baseline but may, at our discretion and where required by applicable law, adjust our response to conform to international legal standards.

Incorporation by Reference to Terms of Service:

This DMCA Policy is part of and incorporated into eMastered’s Terms of Service. In the event of any conflict between this Policy and the Terms of Service, the Terms of Service shall control. All disclaimers, indemnifications, limitations of liability, and dispute resolution provisions contained in our Terms of Service apply fully to any disputes or claims arising out of or relating to this DMCA Policy.

Designated DMCA Agent Contact Information:

Name/Position: EMASTERED CORPORATION
Address: 4023 Kennett Pike, #50021, Wilmington, DE
19807, United States
Phone: 1-888-350-0220
Email: support@emastered.com
Subject Line for Email Submissions: When submitting a DMCA notice via email, please include “Copyright Claim” in the subject line to help us promptly identify and process your request. in the subject line to help us promptly identify and process your request. This is a recommendation to facilitate quick handling; it is not mandatory, and the absence of this subject line will not alone render a valid DMCA notice ineffective.

This information is also registered with the U.S. Copyright Office and is available in the Copyright Office’s online DMCA designated agent directory.

Eligibility to File a Claim:

You may submit a DMCA notification only if:
(a) You are the copyright owner of the material allegedly infringed, or
(b) You are legally authorized to act on behalf of the copyright owner.

If you are uncertain whether you have the right to file a claim, please seek the advice of a qualified attorney before proceeding. Filing a false or unauthorized claim may have significant legal consequences.

Contents of a Valid DMCA Notification:

Your written DMCA notification (whether sent by postal mail or email) must comply with 17 U.S.C. §512(c)(3) and include the following:

1. Identification of the Copyrighted Work:
A clear description of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list.

2. Identification of the Infringing Material:
Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it on the Service (e.g., a specific URL). General descriptions or vague references are insufficient.

3. Contact Information:
Your full legal name, a valid mailing address (no P.O. boxes unless exceptional circumstances as allowed by law), telephone number, and an email address at which you can be contacted.

• A statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information contained in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

5. Signature:
An electronic or physical signature of the copyright owner or the person authorized to act on the owner’s behalf.

Incomplete or Non-Compliant Notices:

Incomplete or non-compliant notices may not be processed. At our discretion, we may request additional information to clarify your claim.

Prohibition of False or Malicious Claims:

Under 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Submitting false, malicious, or intentionally misleading copyright claims can result in legal action, including potential damages, fees, and costs. We reserve the right to suspend or terminate the accounts of users who submit such claims and to seek all remedies available under the law.

Responsibility for Damages:

Should damages (including legal fees or other costs) arise from a false, malicious, or otherwise unjustified copyright claim that affects eMastered, the party who submitted the incorrect claim will be held directly responsible for any resulting losses.

Processing of Claims and Counter-Notices:

Upon receipt of a valid DMCA notice, we will review the claim and respond within a reasonable timeframe as required by applicable law. While we strive to act expeditiously, we cannot guarantee any specific turnaround time. If warranted, we may remove or disable access to the allegedly infringing material. If we do so, we will use reasonable efforts to notify the user who posted the material.

If that user believes the removal or disabling of the material was in error or due to misidentification, they may submit a counter-notice. Instructions for filing a counter-notice will be provided to the affected user at that time.

Counter-Notice Requirements:

• Counter-notices must comply with 17 U.S.C. §512(g)(3). A valid counter-notice must include:
• The user’s contact information, including full name, valid physical address, telephone number, and an email address.
• Identification of the material that was removed or disabled, including its location before removal.
• A statement under penalty of perjury that the user has a good-faith belief the removal or disabling was a result of mistake or misidentification of the material.
• Consent to the jurisdiction of a U.S. federal district court in the judicial district where the service provider is located, or if you reside outside of the U.S., the jurisdiction of any U.S. federal district court in which we may be found.
• Agreement to accept service of process from the party who submitted the original DMCA notice or their agent.

Upon receipt of a valid counter-notice, we may restore the removed material unless the original claimant notifies us that they have filed a court action seeking an injunction against the alleged infringement.

Repeat Infringer Policy:

In accordance with the DMCA and applicable law, eMastered has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We reserve the right to terminate the accounts or access of any user who repeatedly infringes the intellectual property rights of others.

No Legal Advice:

The information provided in this DMCA Policy is for informational purposes only and does not constitute legal advice. If you are uncertain about your rights, obligations, or any legal implications concerning the DMCA or copyright laws, you should consult a qualified attorney.

Limitation of Liability and Non-Endorsement:

eMastered exercises no control over and does not endorse any user-generated content available on the Service. eMastered does not represent or warrant that any user-generated content is accurate, lawful, or non-infringing. By using our Service, you acknowledge that we are not liable for any third-party content or actions. Under certain circumstances, we may qualify for the DMCA’s safe harbor provisions, limiting our liability for claims of copyright infringement arising from user-generated content on our platform.

Acceptance of Policy and Reservation of Rights:

This DMCA Policy is part of and incorporated into eMastered’s Terms of Service, and must be read in conjunction with our other applicable policies, including our Privacy Policy. By using our Service, you acknowledge that you have read, understood, and agree to abide by this DMCA Policy, as well as all other applicable policies, terms, and conditions of eMastered.

We reserve the right to amend this DMCA Policy at any time by posting the amended policy on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the revised DMCA Policy.