DMCA Policy for ShieldCheck

Last Updated: August 1, 2024

GoTrackApps ("Company," "we," "us," or "our") respects the intellectual property rights of others and expects its users to do the same. This Digital Millennium Copyright Act ("DMCA") Policy outlines our procedures for addressing alleged copyright infringement on our website (https://gotrackapps.com/) and through our ShieldCheck iOS application.

It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). This policy describes the information that should be present in a DMCA notice, where to send it, and what our response will be.

Reporting Copyright Infringement (DMCA Notice)

If you are a copyright owner or an agent thereof and believe that any content available on our website or within our ShieldCheck application infringes upon your copyrights, you may submit a written notification of alleged copyright infringement to our Designated Copyright Agent pursuant to the DMCA.

Elements of a Valid DMCA Notice

To be effective, your DMCA notice must be a written communication that includes substantially the following:

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 have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
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 the service provider to locate the material. Please provide specific URLs or other identifying information to help us locate the material.
4. Information reasonably sufficient to permit the service provider 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.

Please note that 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.

Designated Copyright Agent

Please send your DMCA notice to our Designated Copyright Agent at the following contact information:

Upon receipt of a valid DMCA notice, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material.

DMCA Counter-Notification

If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent. To be effective, a counter-notification must be a written communication that includes substantially the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. 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 of the material to be removed or 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 the address is located, or if your address is outside of the USA, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Upon receipt of a valid counter-notification, we will promptly provide the complaining party with a copy of the counter-notification and inform them that we will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material or cease disabling access to it in 10 to 14 business days following receipt of the counter-notification, unless our Designated Copyright Agent first receives notice from the person who submitted the original DMCA notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

In accordance with the DMCA and other applicable law, GoTrackApps 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.

Disclaimer

This DMCA Policy is provided for informational purposes only and does not constitute legal advice. We encourage you to consult with a legal professional if you have specific questions or concerns about copyright infringement or the DMCA.