Copyright Infringement & DMCA

1. Intellectual Property Respect

DistressNow respects intellectual property rights and is committed to maintaining a marketplace free from copyright infringement, trademark violations, and other intellectual property abuse. This policy outlines how we handle reports of infringement and our DMCA compliance procedures.

2. Prohibited Content

Users are prohibited from listing, selling, or promoting:

• Copyrighted content without proper authorization or licensing
• Counterfeit goods or products with infringing trademark marks
• Stolen intellectual property or trade secrets
• Content that violates patent rights
• Unlicensed software or digital content
• Replica or knock-off products falsely marketed as originals
• Pirated movies, music, books, or digital media
• Unlicensed artwork or photography

3. Reporting Copyright Infringement

3.1 DMCA Notice Submission

If you believe content on DistressNow infringes your copyright, you may submit a Digital Millennium Copyright Act (DMCA) takedown notice. Your notice must include:

• Your name, address, phone number, and email
• Detailed description of the copyrighted work
• URL or specific location of the infringing content
• Explanation of why you believe the content infringes your copyright
• Statement that you own or are authorized to act on behalf of the copyright holder
• Statement under penalty of perjury that the information is accurate
• Your digital or physical signature

3.2 Notice Requirements

Notices must substantially comply with DMCA requirements (17 U.S.C. § 512(c)(3)). Notices that do not meet requirements may be rejected or dismissed without action.

3.3 Submission Method

Submit copyright infringement notices to:

4. Response Procedure

4.1 Takedown Action

Upon receipt of a valid DMCA notice, DistressNow will:

• Promptly remove or disable access to the infringing content
• Notify the user who posted the content
• Provide the user with a copy of the notice
• Preserve evidence related to the infringement

4.2 Timeline

DistressNow aims to respond to valid DMCA notices within 10 business days. The user who posted the content will have the opportunity to submit a counter-notice.

5. Counter-Notice Procedures

5.1 Right to Counter-Notice

If content you posted was removed due to a DMCA notice, you may submit a counter-notice if you believe:

• The content was removed due to mistake or misidentification
• You have authorization to use the content
• The copyright holder has engaged in bad faith reporting

5.2 Counter-Notice Requirements

Your counter-notice must include:

• Your full name, address, phone number, and email
• Description of the removed content
• Explanation of why you believe the removal was a mistake
• Statement under penalty of perjury
• Your signature (digital or physical)

5.3 Counter-Notice Submission

Submit counter-notices to the same address as DMCA notices. Provide sufficient detail for DistressNow to locate the removed content.

5.4 Reinstatement

If a valid counter-notice is received and the copyright holder does not seek court action within 14 days, DistressNow may reinstate the removed content.

6. Trademark Infringement

6.1 Report Trademark Violations

If you believe content on DistressNow infringes your trademark rights, contact us at:

• Email: trademark@distressnow.com
• Support: support@distressnow.com

6.2 Required Information

Include in your report:

• Your trademark registration details
• Proof of trademark ownership
• Description of the infringing listing or content
• Explanation of how the content infringes your mark
• Contact information and authorization statement

7. Repeated Infringement

7.1 Account Termination

DistressNow reserves the right to terminate accounts of users who:

• Repeatedly infringe copyright or trademark rights
• Submit false DMCA notices in bad faith
• Knowingly engage in intellectual property violations

7.2 Legal Action

DistressNow may pursue legal remedies against users engaged in systematic infringement or bad faith reporting, including civil and criminal action where applicable.

8. False Claims & Perjury

8.1 Liability for False Claims

Any person who knowingly materially misrepresents that material is infringing or was removed by mistake may be liable for damages, including reasonable attorney fees, under 17 U.S.C. § 512(f).

8.2 Criminal Liability

Submitting false DMCA notices under penalty of perjury constitutes perjury under federal law and may result in criminal prosecution.

9. Legitimate Use Exceptions

DistressNow recognizes legitimate uses of copyrighted material, including:

• Fair Use: Limited use for criticism, commentary, news reporting, teaching, scholarship, or parody
• Licensed Use: Use of content with proper licenses or permissions
• Public Domain: Content with expired copyrights or public domain status
• Creative Commons: Content licensed under Creative Commons terms

10. Dispute Resolution

10.1 Mediation

For disputes between copyright holders and users, DistressNow may offer mediation services to facilitate resolution without formal legal action.

10.2 No Liability

DistressNow is not liable for disputes between copyright holders and users and acts as a neutral intermediary in processing DMCA notices.

11. Contact Information