The Application DMCA Policy

The Application DMCA Policy

Notification of Copyright Infringement

The Application respects the intellectual property rights of others and expects End Users of the The Application Platform and Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Services for users who infringe the intellectual property rights of others, and we may choose to remove, delete, erase, or disable access to content deemed to be infringing.

1. Filing a Digital Millennium Copyright Act (“DMCA”) Notice

If you believe your copyrighted work has been used in a way that constitutes an infringement of your rights, please send a notice that complies with DMCA (“DMCA Notice”) to The Application’s as provided below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, the DMCA (see 17 U.S.C. § 512(c)(3)) sets forth the specific requirement requirements for proper notification. Valid notification must be a written communication that includes all the following elements:

• Identify the specific copyrighted work that you believe has been infringed upon.
• Identify the Web page URL(s) within the Service containing the copyrighted work that you claim has been infringed, if any, and, if possible, the contact information for the person you believe responsible for the infringing act in connection with that work. Describe the Content on the page(s) you believe infringes upon the work identified, including whether the Content is an image (and describe it in detail) or written work (including the text of the copyrighted work).
• Provide your mailing address, telephone number and e-mail address. If you are submitting a notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity.
• Provide the full legal name and physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
• Include the good faith statement:

  “I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the owner of the intellectual property rights therein, its agent or the law.”

• Include the accuracy under penalty of perjury statement:

  “The information in this notice is accurate.”

  “I state under penalty of perjury that I am the owner, or an agent authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Deliver the DMCA Notice, with all the items completed to the address or email below:

Nicole Tinson, CEO

The Application

1250 Connecticut Ave NW, Suite 700 Washington, DC 20036

info@hbcu20x20.org

Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.

Please note that we may reproduce any legal notice we receive to send to a third party for publication and annotation, and we may post your notice in place of any removed Content.

Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA or similar laws in other countries.

2. Filing a Counter Notice

If you have received a notification that Content has been removed for a copyright complaint, it means the Content owner asked us to remove it. If you believe that the removal of the Content is a result of a mistake or mis-identification, you can submit a counter-notice (“DMCA Counter-Notice”) to us. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C.§ 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:

• Identification of material taken down.
• The Web page URL of the material before it was taken down.
• Provide your mailing address, telephone number and e-mail address. If you are filing a counter notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity.
• Provide your full legal name and physical or electronic signature.
• The following good-faith statement:

  “I swear, UNDER PENALTY OF PERJURY, that I have a good-faith belief that the material was removed or disabled due to a mistake or mis-identification of the material to be removed or disabled”

• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided the original complaint.

Upon receipt of a valid DMCA Counter-Notice, we will forward it to the original complainant who submitted the DMCA Notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

There are legal and financial consequences for filing fraudulent or bad faith counter notices. Before submitting a counter notice, make sure you have a good faith belief that we removed the Content in error, and that you understand the repercussions of submitting a false claim. Any person who knowingly materially misrepresents that material or activity is infringing or that any material or activity was removed or disabled by mistake or mis-identification, shall be liable to us for any damages, including costs and attorneys' fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

3. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, The Application has adopted a policy of terminating, in appropriate circumstances and at The Application’s sole discretion, End Users who are deemed to be repeat infringers. The Application may also at its sole discretion limit access to the Services of any End User who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. Removal of Content

The Application reserves the right to remove any Content allegedly infringes another person's copyright. All use or access of the Services is conducted with the knowledge that Content maybe subsequently removed from The Application Platform as a consequence of a DMCA dispute. The Application shall not be liable to an End User whose Content was subsequently taken down by The Application pursuant to a valid DMCA Notice.