ABMediaX LLC ("ABMediaX") respects the intellectual-property rights of others and expects users of the ABMediaX Poster service (the "Service") to do the same. This policy describes how copyright owners can report infringing material and how users can respond.
ABMediaX is a service provider — not a publisher — of user-submitted content, and complies with the safe-harbor provisions of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512.
1. Designated Copyright Agent
Send DMCA takedown notices and counter-notices to our designated agent:
Austin BuchertABMediaX LLC
[MAILING ADDRESS TO BE ADDED]
Palmerton, Pennsylvania
dmca@abmediax.com
TODO (Austin): Register this designated agent with the U.S. Copyright Office DMCA Designated Agent Directory (copyright.gov/dmca-directory). The registration fee is $6 and registration is required for the safe-harbor defence. Re-register every three years.
2. Filing a Takedown Notice
Under 17 U.S.C. § 512(c)(3), a valid DMCA takedown notice must include all of the following:
- A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right allegedly infringed;
- Identification of the copyrighted work you claim has been infringed (or, for multiple works at a single site, a representative list);
- Identification of the material you claim is infringing, and information reasonably sufficient to let us locate it — typically the exact URL of the offending post or workspace resource;
- Your contact information — full legal name, mailing address, telephone number, and email;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the owner (or authorised to act on behalf of the owner) of the exclusive right allegedly infringed.
Notices that do not include all six elements may be considered non-compliant. Knowingly materially misrepresenting that content is infringing may subject you to liability for damages under 17 U.S.C. § 512(f).
3. Our Response
On receipt of a compliant notice we will:
- Log the notice in our internal
dmca_noticesledger; - Expeditiously disable access to or remove the identified material;
- Notify the affected user, forwarding the notice (with your contact information); and
- Inform the affected user of the counter-notice procedure below.
4. Counter-Notice Procedure
If you are a user whose content was removed and you believe the removal was the result of mistake or misidentification, you may file a counter-notice under 17 U.S.C. § 512(g) containing:
- Your physical or electronic signature;
- Identification of the material removed and the location it appeared before removal;
- A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. Federal District Court for the district in which your address is located (or, if outside the U.S., the Middle District of Pennsylvania), and that you will accept service of process from the person who filed the original notice.
On receipt of a valid counter-notice we will forward it to the original notifier. Unless the notifier files a court action seeking a restraining order within 10 to 14 business days of our receipt, we will restore the removed material.
5. Repeat-Infringer Policy
Consistent with 17 U.S.C. § 512(i), ABMediaX terminates the accounts of users who are the subject of three (3) substantiated copyright infringement strikes. A strike is substantiated when either (a) the user does not file a valid counter-notice within the statutory window, or (b) a court determines the material was infringing. Termination is without refund.
6. Trademark and Other IP Complaints
For trademark, right-of-publicity, or other IP complaints outside the scope of the DMCA, contact legal@abmediax.com with equivalent detail (identification of the mark or right, the offending material, your contact info, and a good-faith statement).
7. Related
See also our Terms of Service, our Acceptable Use Policy, and our AI Content Policy.