Archive Technologies, Inc. (“Archive”) respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been shared through Archive’s image management and sharing platform (“Platform”) without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). Archive will also, in appropriate circumstances and at its discretion, disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.
If you believe that your work has been copied and made available through the Platform in a way that constitutes copyright infringement, you may send a written document to Archive’s Designated Agent (as set forth below) that contains the following (a “Notice”):
Archive’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:
Archive Technologies, Inc. Attn: Archive DMCA Agent Phone: +1 (323) 431-9991
Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by Platform user is infringing your copyright.
Upon receiving a proper Notice, Archive will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
If you believe your own copyrighted material has been removed from the Platform in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following:
If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Platform.
Each adjudication counts as a separate strike. If an adjudication pertains to multiple instances of copyright infringement, it can count as multiple strikes. Archive has adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.