Digital Millennium Copyright Act (DMCA) Policy

1. Overview#

Galaxy Gaming Host LLC ("we," "us," "our") respects the intellectual property rights of others and expects our users to do the same. This policy explains how we handle copyright infringement claims under the Digital Millennium Copyright Act (17 U.S.C. § 512).

Commitment: We respond promptly to valid DMCA notices and remove infringing content when properly notified.

Policy: We terminate accounts of repeat infringers in accordance with the DMCA and our Terms of Service.

2. Copyright Infringement Notification (Takedown Notice)#

2.1 How to File a DMCA Notice#

If you believe your copyrighted work has been infringed by content hosted on our servers, send a written notice to our designated DMCA agent with the following information:

Required Elements (17 U.S.C. § 512(c)(3)):

1. Physical or Electronic Signature: - Digital signature on email - Scanned signature on PDF - Electronic signature service (DocuSign, etc.) - Signature of person authorized to act on behalf of copyright owner

2. Identification of Copyrighted Work: - Describe the copyrighted work you claim has been infringed - If multiple works, provide representative list - Examples:

   • "My original photograph titled 'Sunset Beach,' registered with U.S. Copyright Office under registration number XYZ"
   • "The software application 'SuperApp' version 2.0, which I own and distribute"
   • "The article 'How to Build Rockets' published on my website example.com on January 1, 2024"

3. Identification of Infringing Material: - Specific URL(s) where infringing content is located - Server IP address (if known) - File paths or locations - Screenshots or evidence - Be as specific as possible - Examples:

   • "The infringing copy is located at: http://customer-server.com/pirated-movie.mp4"
   • "On the game server at IP address 203.0.113.45, files in /maps/stolen_map.bsp"

4. Your Contact Information: - Full legal name - Mailing address - Telephone number - Email address

5. Good Faith Statement: - "I 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."

6. Accuracy Statement Under Penalty of Perjury: - "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."

2.2 Where to Send DMCA Notices#

Designated DMCA Agent:

Email (Preferred): [email protected]

Mailing Address: Galaxy Gaming Host LLC ATTN: DMCA Agent 8203 Ireland Dr, Jacksonville, FL 32244 [City, State ZIP]

Online Form: [Link to DMCA submission form on your website]

Important: DMCA notices sent to other addresses (support, sales) may be delayed or not processed.

2.3 What Happens After We Receive Your Notice#

Our Process:

1. Review (within 24 hours): - Verify notice contains all required elements - Confirm it's a valid copyright claim (not trademark, defamation, etc.) - Identify the infringing content and responsible customer

2. Action (within 24-48 hours): - Remove or disable access to infringing content - Notify customer of the complaint and removal - Provide customer with copy of your notice (your contact info included) - Inform customer of counter-notice process

3. Documentation: - Record the takedown in customer's account - Track for repeat infringer policy - Maintain records per DMCA requirements

If Notice is Deficient: - We'll email you explaining what's missing - You can submit corrected notice - We may not act until notice is complete

2.4 Misrepresentation Warning#

18 U.S.C. § 512(f): Any person who knowingly materially misrepresents: - That material is infringing, or - That material was removed or disabled by mistake or misidentification

May be liable for damages, including costs and attorney's fees.

Don't File False Claims: - Only file if you actually own copyright or are authorized - Don't use DMCA to remove content you just don't like - Don't use DMCA to attack competitors - We may pursue legal action for fraudulent notices

3. Counter-Notification (Put-Back Request)#

3.1 If Your Content Was Removed#

If you believe content was removed due to mistake or misidentification, you may file a counter-notification.

Required Elements (17 U.S.C. § 512(g)(3)):

1. Your Physical or Electronic Signature

2. Identification of Removed Material: - Describe the material that was removed - Location where it appeared before removal - URLs, file paths, server details

3. Statement Under Penalty of Perjury: - "I swear, under penalty of perjury, that I 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."

4. Consent to Jurisdiction: - "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or the Middle District of Florida if my address is outside the United States), and I will accept service of process from the person who provided the DMCA notification or an agent of such person."

5. Your Contact Information: - Full name - Address - Phone number - Email address

3.2 Where to Send Counter-Notices#

Same Contact as DMCA Notices: - Email: [email protected] - Mail: [Same address as above]

3.3 What Happens After We Receive Counter-Notice#

Our Process:

1. Review (within 24 hours): - Verify counter-notice contains all required elements

2. Forward to Copyright Holder (within 2-3 business days): - Send copy of your counter-notice to the original complainant - Include your contact information

3. Wait Period (10-14 business days): - We wait for copyright holder response - Copyright holder may file lawsuit to keep content down - If they don't respond, we proceed to step 4

4. Restore Content (10-14 business days after forwarding counter-notice): - If no lawsuit filed, we restore access to content - Notify you that content is restored

If Copyright Holder Files Lawsuit: - Content stays down - Matter between you and them - We may be required to provide info to court

3.4 Consider Carefully Before Filing#

Risks: - Your info shared with complainant (they can contact or sue you) - You're swearing under penalty of perjury - Legal costs if they sue you

When to File: - ✅ You own the copyright - ✅ You have license or permission - ✅ Fair use applies clearly - ✅ Content is public domain - ✅ Obvious mistake or misidentification

When NOT to File: - ❌ You're not sure about copyright status - ❌ You pirated the content - ❌ "I found it on the internet" (not a defense) - ❌ You want to argue fair use (consult lawyer first)

4. Repeat Infringer Policy#

4.1 Tracking Infringements#

We Maintain Records: - All DMCA takedown notices - All counter-notices - Dates and actions taken - Customer responses

What Counts as Infringement: - Valid DMCA takedown notice where content removed - Does NOT include: withdrawn notices, frivolous claims, or notices where counter-notice succeeded

4.2 Termination Policy#

Strike System:

First Violation: - Content removed - Warning issued - Account flagged

Second Violation: - Content removed - Stern warning - Suspension considered - May require copyright education before restoration

Third Violation: - Account termination - No refund - Permanent ban from services

Exceptions: - Egregious violations (massive piracy, warez sites): Immediate termination - Good faith disputes (counter-notice filed): May not count as strike - Legitimate fair use: May not count if counter-notice succeeds

4.3 Appeal Process#

If You Disagree: - Contact us at [email protected] - Explain why determination was wrong - Provide evidence - We'll review within 5 business days

We May: - Remove strike if notice was invalid - Remove strike if counter-notice should have succeeded - Maintain decision if proper

5. Service Provider Safe Harbor#

5.1 Our Eligibility#

Galaxy Gaming Host LLC qualifies for DMCA safe harbor protections under 17 U.S.C. § 512(c) because:

1. Designated Agent: We have registered DMCA agent with U.S. Copyright Office
2. Policy: We have this publicly available policy
3. Repeat Infringer Policy: We terminate repeat infringers
4. No Knowledge: We don't have actual knowledge of specific infringement
5. No Financial Benefit: We don't receive direct financial benefit from infringement
6. Expeditious Response: We act quickly to remove infringing content when notified

5.2 Limitations#

We Are NOT Liable for: - Infringing content uploaded by users (if we comply with DMCA) - Content we don't have actual knowledge of - Indirect infringement by users

We ARE Liable if: - We have actual knowledge and don't act - We're aware of facts/circumstances indicating infringement - We ignore valid DMCA notices

We're a Service Provider, not a publisher. We don't monitor, screen, or review all content on servers.

6. Other Intellectual Property#

6.1 Not Covered by DMCA#

DMCA Only Covers Copyright. For other IP issues:

Trademark: - Contact us if someone is infringing your trademark - Not DMCA process, but we'll investigate - May require cease and desist letter

Patents: - Not our jurisdiction - Matter between you and alleged infringer

Right of Publicity: - Unauthorized use of name/likeness - Contact us, provide evidence - We'll evaluate case-by-case

Defamation: - Not copyright issue - Contact us if severe - May require court order

6.2 Reporting Non-DMCA IP Issues#

Email: [email protected]

Include: - Nature of IP right - Evidence of ownership - Description of infringement - How you want us to help

7. Fair Use and DMCA#

7.1 Fair Use Consideration#

We Consider Fair Use: If counter-notice claims fair use, we forward to copyright holder. Ultimately, fair use is legal defense determined by courts, not us.

Fair Use Factors (17 U.S.C. § 107): 1. Purpose and character of use 2. Nature of copyrighted work 3. Amount and substantiality used 4. Effect on market value

Examples of Possible Fair Use: - Commentary and criticism - Parody - News reporting - Educational use - Transformative works

Not Automatic: - "I gave credit" ≠ fair use - "It's for education" ≠ automatic fair use - "I'm not making money" ≠ fair use

7.2 Our Limitations#

We Can't Decide Fair Use: - Too complex for us to determine - Requires legal analysis - Decided by courts on case-by-case basis

If Disputed: - Matter between you and copyright holder - Consider consulting attorney - We follow DMCA process regardless

8. International Considerations#

8.1 International Copyright#

Berne Convention: - Copyright protected in most countries - U.S. DMCA process applies to our U.S.-based servers - Foreign copyright holders can file DMCA notices

We Follow U.S. Law: - DMCA is U.S. law - We comply with U.S. legal process - International notices accepted if they meet DMCA requirements

8.2 Non-U.S. Takedown Requests#

If You're Outside the U.S.: - You can still file DMCA notice - Must meet same requirements - We'll process the same way

Other Countries' Laws: - If you cite non-U.S. copyright law, also explain U.S. copyright infringement - We primarily operate under U.S. law

9. Transparency#

9.1 DMCA Transparency Report#

We May Publish: - Number of notices received (quarterly or annually) - Number of takedowns performed - Number of counter-notices - Trends and statistics

Privacy: - Reports are anonymized - No personal information disclosed

9.2 Public Policy#

Chilling Effects / Lumen Database: - We may submit DMCA notices to Lumen for transparency - Helps researchers and public understand copyright enforcement - Your notice may be publicly searchable

10. Modifications to This Policy#

Changes: - We may update this policy to comply with law changes - Material changes announced on website - "Last Updated" date revised - Continued use = acceptance

Copyright Office: - If we update our DMCA agent info, we'll update with Copyright Office - Always current info on this page

11. Questions and Contact#

11.1 DMCA Notices and Counter-Notices#

DMCA Agent: - Email: [email protected] - Subject line: begin with [DMCA] so your notice is routed and timestamped correctly - Mail: Galaxy Gaming Host LLC, 8203 Ireland Dr, Jacksonville, FL 32244

11.2 General Questions#

About DMCA Process: - [email protected] - We can explain process but can't give legal advice

Need a Lawyer?: - For fair use questions, consult copyright attorney - For disputes with copyright holders, get legal advice - For counter-notice strategy, speak with lawyer

11.3 False Claims#

Report Fraudulent DMCA Notices: - [email protected] - If you believe someone is abusing DMCA to harass or attack you - We investigate and may take action against bad-faith filers

12. Additional Resources#

Learn More About Copyright: - U.S. Copyright Office: https://www.copyright.gov - DMCA text: 17 U.S.C. § 512 - Fair use: 17 U.S.C. § 107

File Legitimate DMCA: - This policy - Copyright Office DMCA agent directory

Defend Against DMCA: - EFF's guide: https://www.eff.org/issues/dmca - Consult attorney for serious disputes

Summary#

For Copyright Holders: - ✅ File proper DMCA notice to [email protected] - ✅ Include all required information - ✅ We'll remove content within 24-48 hours - ❌ Don't file false claims (penalties apply)

For Our Customers: - ✅ Don't host copyrighted content without permission - ✅ Respond to DMCA notices promptly - ✅ File counter-notice if removal was wrong - ⚠️ Three strikes = termination

For Everyone: - We comply with DMCA - We respect copyright and legitimate use - We're fair and transparent - Consult lawyer for complex issues

DMCA Contact: [email protected]

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