This Digital Millennium Copyright Act (DMCA) Disclaimer ("Disclaimer") pertains to the website www.bmde-labs.com ("Website"), the "BMDE LABS" mobile application ("Mobile Application"), and their associated products and services (collectively referred to as "Services"). As the Operator of these platforms, we, hereinafter referred to as "Operator," "we," "us," or "our," emphasize our commitment to upholding intellectual property rights and encourage our users and their authorized agents to share in this responsibility. This Disclaimer delineates the approach taken by the Operator in addressing copyright infringement notifications and the procedures involved in submitting copyright complaints, in accordance with the United States Digital Millennium Copyright Act ("DMCA") of 1998. The full text of the DMCA can be accessed on the U.S. Copyright Office's official website
Prior to initiating a copyright complaint with the Operator, it is imperative to evaluate the possibility of the use in question qualifying as fair use. Fair use stipulates that limited portions of copyrighted material may be directly quoted for purposes such as critique, news reporting, teaching, and research, under specific circumstances, and without necessitating permission or remuneration to the copyright holder. If the determination of fair use has been made and there persists a desire to proceed with a copyright complaint, it is advised to initially communicate with the implicated user to explore the potential for direct resolution of the matter.
It should be noted that if uncertainty arises regarding the potential infringement of the material in question, engaging the services of a legal professional before submitting a notification is recommended.
The submission of a DMCA complaint initiates a legally defined process. Your complaint will be subjected to meticulous scrutiny to ascertain its accuracy, validity, and comprehensiveness. Our response may encompass the removal or curtailment of access to purportedly infringing material, along with the possibility of permanently terminating accounts associated with repeat instances of infringement.
Should we undertake the removal or limitation of access to content, or opt for the suspension of an account following receipt of an infringement notification, a bona fide endeavor will be made to communicate with the impacted user, providing them with pertinent information pertaining to the removal or restriction of access. This communication will additionally furnish instructions on how to file a counter-notification, should they so choose.
Recipients of copyright infringement notifications retain the prerogative to submit a counter-notification in line with sections 512(g)(2) and (3) of the U.S. Copyright Act. The receipt of such a notification implies that the material referenced in the initial notification has either been expunged from our Services or the user's access to the material has been curtailed. It is advised to carefully peruse the notification, which encompasses details concerning the initial notification received. Should a user intend to file a counter-notification, it is imperative that the written communication adheres to the specifications set forth by the DMCA.
For instances where uncertainty persists about whether specific material infringes upon others' copyrights, or if material or activity was removed or restricted erroneously, seeking counsel from a legal professional before proceeding with a counter-notification is strongly advised.
Notwithstanding any aspect of this Policy to the contrary, the Operator retains the prerogative to abstain from action subsequent to the receipt of a counter-notification. In instances where a counter-notification aligns with the terms stipulated in 17 U.S.C. § 512(g), there exists a possibility of forwarding said counter-notification to the initiator of the original Notification.
The processes detailed within this Disclaimer do not impose constraints on our capacity to explore alternative remedies to address suspected infringements.
The Operator retains the right to amend or revise this Disclaimer or its components related to the Services at any juncture. Such alterations will come into effect immediately upon the publication of an updated version of the Disclaimer on the Services. Notification of these changes will be provided within the Services.
To alert us about potentially infringing content or activities, you may employ the contact form provided or send an email to info@bmde-labs.com.
By employing our Services, you acknowledge and accept that the Operator is absolved of any liability or responsibility for the publication of copyright-violating content. Furthermore, the Operator shall not be held liable for any costs or compensations related to such infringements. Additionally, the Operator is prohibited from disseminating user information to any external party. The Operator reserves the right to take decisive actions, including content removal and user bans, in instances where infringement is substantiated.
Please be advised that this communication is not intended as legal advice, but rather as a comprehensive description of our approach to DMCA matters. If you require legal counsel, we strongly recommend seeking guidance from a qualified attorney.
Sincerely,
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