Intellectual Property & DMCA Compliance

At Rushgleam (“we”, “our”, or “us”), we respect the intellectual property rights of others and comply fully with the Digital Millennium Copyright Act of 1998 (“DMCA”). It is our policy to respond promptly to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA).

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This page outlines the information owners of copyrighted work (or their agents) must provide to us to report alleged infringement, as well as the procedure for counter-notifications.

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1. DMCA Notice of Alleged Infringement (“Notice”)

If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website (Rushgleam) infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• Physical or Electronic Signature: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of Work: Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the website are covered by a single notification, a representative list of such works.
• Identification of Material: 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 Rushgleam to locate the material (e.g., the specific URL).
• Contact Information: Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
• Good Faith Statement: A statement that you 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.
• Accuracy Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Designated Copyright Agent

Notices of alleged infringement should be sent directly to our Designated Copyright Agent. Failure to comply with all of the requirements listed above may result in your DMCA Notice not being valid.

3. Counter-Notification Procedure

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a Counter-Notification containing the following information to our Copyright Agent:

1. Your physical or electronic signature.
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [State/Jurisdiction where your business is located], and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a Counter-Notification is received by our Copyright Agent, we may send a copy of the counter-notification to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days.

4. Liability for Misrepresentation

Please note: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages (including costs and attorneys’ fees).

5. Repeat Infringers

In accordance with the DMCA and other applicable law, Rushgleam has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.