DMCA Policy

1. Copyright Infringement Notification

If you believe that content on the Ratemy platform infringes your copyright, you may submit a notice of alleged infringement to our designated DMCA agent. Your notice must comply with the requirements of 17 U.S.C. § 512(c)(3) and include the following information:

1.1 Required Information

To file a valid DMCA takedown notice, you must provide:

• Identification of the copyrighted work: A description of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list of such works.
• Identification of the infringing material: A description of the material that you claim is infringing and where it is located on our platform. Please provide sufficient detail to allow us to locate the material (e.g., URL, user profile link, review ID).
• Contact information: Your name, address, telephone number, and email address.
• Good faith statement: A statement that you have a good faith belief that the 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.
• Physical or electronic signature: Your physical or electronic signature (typing your full name is acceptable).

1.2 How to Submit a Notice

Submit your DMCA notice to our designated DMCA agent by email or mail:

1.3 Processing Timeline

Upon receipt of a valid DMCA notice, we will:

• Review the notice for compliance with DMCA requirements
• Remove or disable access to the allegedly infringing material within 2-3 business days
• Notify the user who posted the material that it has been removed or disabled
• Provide the user with a copy of your DMCA notice (including your contact information)

2. Counter-Notification Procedure

If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification with our DMCA agent. Your counter-notification must comply with 17 U.S.C. § 512(g)(3) and include the following information:

2.1 Required Information

• Identification of the material: A description of the material that was removed or disabled and the location where it appeared before removal (we will provide this information in our notice to you).
• Good faith statement: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Northern District of California if you are outside the United States), and that you will accept service of process from the person who filed the original DMCA notice or their agent.
• Contact information: Your name, address, telephone number, and email address.
• Physical or electronic signature: Your physical or electronic signature.

2.2 Counter-Notification Process

Submit your counter-notification to the same DMCA agent contact information above. Upon receipt of a valid counter-notification, we will:

1. Promptly forward a copy of the counter-notification to the original complainant
2. Inform the complainant that we will restore the removed material in 10-14 business days unless they file a court action seeking an injunction against the alleged infringer
3. Restore the material or cease disabling access to it within 10-14 business days, unless our DMCA agent receives notice that the complainant has filed a court action

3. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, Ratemy has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.

3.1 What Constitutes a Repeat Infringer

A user may be considered a repeat infringer if:

• They have been the subject of two or more valid DMCA takedown notices
• They have repeatedly posted content that infringes third-party copyrights
• They have failed to respond to DMCA notices or comply with our policies

3.2 Consequences

Users identified as repeat infringers may face the following actions:

• First violation: Warning and removal of infringing content
• Second violation: Temporary suspension of account (7-30 days)
• Third violation: Permanent termination of account and ban from the platform

We reserve the right to terminate accounts immediately for egregious or willful infringement, even on the first occurrence.

4. Good Faith Belief Requirement

Both DMCA notices and counter-notifications require a statement of good faith belief. This is a critical legal requirement under the DMCA.

4.1 For Copyright Owners

When filing a DMCA notice, you must state in good faith that you believe the use of the copyrighted material is not authorized. This means you have made a reasonable effort to determine that:

• The material is protected by copyright
• You own or control the copyright
• The use is not authorized by you, your agent, or the law (e.g., not fair use)

4.2 For Users Filing Counter-Notifications

When filing a counter-notification, you must state in good faith that the material was removed by mistake or misidentification. This means:

• You have a legitimate basis to believe the takedown was erroneous
• You own the copyright, have permission to use it, or the use qualifies as fair use
• You are not knowingly filing a false claim

5. Penalties for False Claims

The DMCA includes significant penalties for false or bad faith claims. Both copyright owners and users should be aware of these consequences before filing notices.

5.1 Section 512(f) Liability

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing (or was removed by mistake) shall be liable for:

• Any damages incurred by the alleged infringer or copyright owner
• Costs and attorneys' fees
• Other relief as the court deems just

5.2 Perjury Penalties

Both DMCA notices and counter-notifications must be made under penalty of perjury. Making a false statement under penalty of perjury is a federal crime under 18 U.S.C. § 1621 and may result in:

• Criminal prosecution
• Fines up to $250,000
• Imprisonment up to five years

5.3 Platform Consequences

In addition to legal penalties, Ratemy may take the following actions against users who file false or abusive DMCA claims:

• Suspension or termination of account
• Prohibition from filing future DMCA notices
• Reporting to law enforcement if criminal conduct is suspected
• Cooperation with legal proceedings initiated by affected parties

6. User-Generated Content and Copyright

The Ratemy platform hosts user-generated content, including reviews, comments, photos, and videos. Users are responsible for ensuring they have the right to post content.

6.1 User Responsibility

By posting content on Ratemy, you represent and warrant that:

• You own the copyright to the content or have obtained all necessary permissions
• Your content does not infringe any third-party copyrights, trademarks, or other intellectual property rights
• You have the right to grant Ratemy the license described in our Terms of Service

6.2 Permitted Uses

The following uses of copyrighted material are generally permitted on our platform:

• Original content: Reviews, comments, and photos you create yourself
• Licensed content: Material you have permission to use (e.g., stock photos with proper licensing)
• Fair use: Limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research (consult an attorney if unsure)
• Public domain: Works where copyright has expired or was never applicable

6.3 Prohibited Uses

The following are NOT permitted on our platform:

• Copying full articles, blog posts, or substantial portions of copyrighted text
• Uploading photos, videos, or music you do not own or have permission to use
• Sharing screenshots of copyrighted content without commentary or fair use justification
• Posting content that circumvents digital rights management (DRM) or other access controls

7. DMCA Safe Harbor Provisions

Ratemy qualifies for safe harbor protection under 17 U.S.C. § 512(c) as an online service provider hosting user-generated content. This means we are not liable for copyright infringement by our users if we:

• Do not have actual knowledge of infringing material
• Are not aware of facts or circumstances from which infringing activity is apparent
• Do not receive a financial benefit directly attributable to the infringing activity
• Respond expeditiously to remove or disable access to material upon receiving proper notice
• Maintain a policy for terminating repeat infringers

This policy is designed to comply with all DMCA safe harbor requirements. We take copyright infringement seriously and will respond promptly to valid DMCA notices.

8. Modifications to This Policy

We reserve the right to modify this DMCA Policy at any time to reflect changes in law or our procedures. Material changes will be communicated through:

• Email notification to registered users
• Prominent notice on our website
• Update to the "Last Updated" date at the top of this page

Your continued use of the platform after changes take effect constitutes acceptance of the updated policy.

9. Contact Information

For all DMCA-related inquiries, notices, and counter-notifications, please contact our designated DMCA agent:

Note: This contact information is exclusively for DMCA notices and counter-notifications. For other legal matters, general inquiries, or customer support, please use the appropriate contact methods listed on our website.