Digital Millennium Copyright Act (DMCA) Policy

Welcome to Pengess (accessible via https://pengess.com/). We respect others’ intellectual property rights and expect our users, contributors, and partners to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website), we will respond expeditiously to claims of copyright infringement committed using the Pengess website or mobile applications if such claims are reported to our Designated Copyright Agent identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the site by completing a DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, Pengess will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the site.

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

To file a copyright infringement notification with Pengess, you must send a written communication that includes substantially the following information:

  1. A physical or electronic signature of the copyright owner, or of a person authorized to act on behalf of the owner of an exclusive right 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 Pengess to locate the material (e.g., the specific URL or URLs of the web pages containing the material).

  4. Information reasonably sufficient to permit Pengess to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

  5. 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.

  6. 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. Where to Send Your Notice

Please deliver this written notice, with all items completed, to the Designated Copyright Agent for Pengess at the following email address:

  • Email: [email protected] (or your preferred admin/contact email)

  • Subject Line: DMCA Copyright Infringement Notice (pengess.com)

Please note: Email is the fastest way to get your request processed and the infringing material removed.

3. Counter-Notification Process

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

  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 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 a mistake or a misidentification of the material.

  4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in the district where you are located (or if you are outside the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Pengess may send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

4. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Pengess has adopted a policy of terminating, in appropriate circumstances and at Pengess’s sole discretion, users, subscribers, or account holders who are deemed to be repeat infringers. Pengess may also, at its sole discretion,n limit access to the site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Modifications

Pengess reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back and review this policy frequently for any changes.

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