Payeu Digital Millennium Copyright Act (DMCA) Policy

1. Introduction

Payeu is a music streaming platform committed to fostering a creative environment that respects the intellectual property rights of all content creators. This Digital Millennium Copyright Act (DMCA) Policy outlines our procedures for receiving, processing, and responding to notices of alleged copyright infringement on our platform. We abide by the provisions set forth in the DMCA, Section 17 of the United States Code, Section 512.

2. Definitions

  • Copyright Material: Refers to any original work of authorship protected by copyright law, including but not limited to musical compositions, sound recordings, lyrics, artwork, and other creative content.
  • Copyright Owner: The individual or entity that owns the exclusive rights to reproduce, distribute, perform, create derivative works, and display the copyrighted material.
  • Alleged Infringing Material: Any content on Payeu that a copyright owner believes infringes upon their copyright rights.
  • Notification of Claimed Copyright Infringement: A formal written communication from the copyright owner or their authorized agent, specifying the alleged infringing material and requesting its removal or access disabled.
  • Counter-Notification: A written communication from the alleged infringer contesting the claim of copyright infringement.

3. Reporting Copyright Infringement

If you believe that any content available on Payeu infringes your copyright, you are encouraged to submit a Notification of Claimed Copyright Infringement in accordance with the following requirements:

  • Identification of the Copyright Material: Provide a description of the copyrighted work that is allegedly infringed, including its title, author, or any other relevant identifying information.
  • Identification of the Alleged Infringing Material: Clearly identify the specific content on Payeu that you believe infringes upon your copyright, including the artist, song title, album name, or any other relevant details.
  • Contact Information: Include your full name, physical address, email address, and a phone number (optional) where you can be reached.
  • Statement of Good Faith Belief: State your good faith belief that the use of the copyrighted material is not authorized by the copyright owner, their agent, or the law.
  • Statement under Penalty of Perjury: You must sign the notification under penalty of perjury, stating that the information provided in the notification is accurate and that you are the authorized copyright owner or authorized to act on behalf of the owner.

4. Submitting a Notification of Claimed Copyright Infringement

Notifications of Claimed Copyright Infringement must be submitted to Payeu's designated agent using one of the following methods:

  • Email: dmca@payeu.eu.org
  • Postal Mail: dmca@payeu.eu.org

Payeu, Inc. Attn: Copyright Agent 

5. Processing of Notifications

Upon receiving a Notification of Claimed Copyright Infringement, Payeu will promptly:

  • Review the notification for the required elements: Ensure the notification complies with the aforementioned requirements outlined in Section 3.
  • Contact the alleged infringer: Inform the user who uploaded the content that a copyright infringement claim has been filed against their content. We may provide the alleged infringer with a copy of the notification.
  • Remove or disable access to the alleged infringing material: If the notification appears to comply with the DMCA and our reasonable belief standard, we will expeditiously remove or disable access to the alleged infringing material.

6. Counter-Notification Procedure

If the content has been removed or disabled due to a copyright infringement claim, the alleged infringer has the right to submit a Counter-Notification contesting the claim. The Counter-Notification must include the following:

  • Identification of the removed material: Specify the content that was removed or access to which was disabled.
  • Statement of good faith belief: State your good faith belief that the content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Consent to jurisdiction: Include a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is outside the United States, for the judicial district in which Payeu is located, and that you will accept service of process from the person who provided the notification of claimed copyright infringement.
  • Signature: Sign the Counter-Notification under penalty of perjury, stating that the information provided is accurate and that you are the authorized copyright owner or authorized to act on behalf of the owner.

7. Upon Receipt of a Counter-Notification

Upon receiving a Counter-Notification, Payeu will adhere to the following procedures:

  • Forward the Counter-Notification to the original claimant: We will send a copy of the Counter-Notification to the party who submitted the original copyright infringement claim, informing them that the removed content may be restored within 10 business days unless the claiming party

 

8. Repeat Infringement Policy

Payeu maintains a repeat infringer policy in accordance with the DMCA. Users who are found to be repeat infringers may have their accounts terminated at our discretion.

9. Misrepresentations

Payeu takes misrepresentations of copyright infringement seriously. If the copyright owner knowingly misrepresents that material or activity is infringing, the copyright owner may be liable for damages (including costs and attorneys' fees) incurred by Payeu or the alleged infringer as a result of the misrepresentation.

10. Notice and Take Down Response Time

Payeu will strive to respond to Notifications of Claimed Copyright Infringement within 24-72 hours of receiving them. However, this timeframe may vary depending on the complexity of the situation. We will make commercially reasonable efforts to notify the alleged infringer within the same timeframe.

11. Limitations of Liability

Payeu assumes no liability for any errors or omissions in the DMCA notification process. Our actions are based upon the information provided in the notifications and counter-notifications received. Payeu does not act as a legal arbiter and is not responsible for determining the validity of any copyright claims.

12. Amendments to the DMCA Policy

Payeu reserves the right to modify this DMCA Policy at any time without prior notice. We recommend that you periodically review this Policy for any updates.

13. Contact Information

If you have any questions regarding the DMCA Policy or wish to report potential copyright infringement, please contact Payeu's designated agent using the information provided in Section 4.

14. Dispute Resolution

Any legal action arising out of or related to this DMCA Policy will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. All disputes arising out of or relating to this Policy will be subject to the exclusive jurisdiction of the federal courts located in the Northern District of California, and the parties hereby consent to the exclusive jurisdiction and venue of such courts.

15. Entire Agreement

This DMCA Policy constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

16. Severability

If any provision of this DMCA Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

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