DMCA Notice

What is a DMCA notice?

A DMCA notice allows the copyright owner of a file (or the copyright owner's agent) to request a file is taken down, such that it is no-longer hosted by Bytescale's services.

Submitting a DMCA takedown notice

If you believe a file that is hosted by Bytescale (the "Service"), infringes upon copyrights that you own or represent, you may send Bytescale's designated copyright agent ("Copyright Agent") a written notification, stating the location of the copyrighted work claimed to be infringed, in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA").

An effective notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to be infringed via using the Service, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Following receipt of your communication, Bytescale may ask you to provide further information, prior to removing any content which was displayed on the Service. Bytescale may also provide the registered user who uploaded the allegedly infringing content with your contact details, in order for that person to be able to contact you regarding your notification.

If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Submitting a counter notification

Under the provisions of the DMCA, as the registered user who uploaded the allegedly infringing content, you may file a counter-notice to our Copyright Agent with the following information:

1. Your physical or electronic signature;
2. Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the 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 you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

Bytescale may deny or cancel any individual use of the Service, or terminate your account, if Bytescale determines in its sole discretion that you are a repeat copyright infringer.

Misrepresentations

Under the provisions of the DMCA, any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, that Bytescale may incur, if it is injured by such misrepresentation, as the result of its reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.