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At TopSave, we respect the intellectual property rights of others and expect our users to do the same. This policy outlines our procedures for handling claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and related case law such as Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984) and Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007).
DMCA Notice of Alleged Infringement (“Notice”)
If you believe that material you posted on TopSave.org was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our designated agent. The counter-notification must include the following information as required by 17 U.S.C. § 512(g)(3):
- Identification of the copyrighted work you claim has been infringed, or, if multiple works are involved, a representative list of the works.
- Identification of the infringing material, including the URL or other location details sufficient for us to locate and identify the material.
- Your contact information, including your full name, mailing address, telephone number, and email address.
- A statement of good faith belief indicating you believe the use of the identified material is unauthorized by the copyright owner, its agent, or the law.
- A statement under penalty of perjury that all information contained in your notice is accurate, and you are the copyright owner or an authorized representative.
- Your electronic or physical signature.
Designated DMCA Agent
Digital Dive has appointed a Designated DMCA Agent to receive DMCA Notices and Counter-Notices. Submit your notification to:
DMCA Agent
Digital Dive Legal Department
Email: legal@digitaldive.pro
To ensure efficient processing, please mark your communication clearly as “DMCA Notice.”
Procedure Following Receipt of Valid Notice
Upon receipt of a valid and complete DMCA Notice:
- Digital Dive will promptly remove or disable access to the allegedly infringing content.
- We will make a good-faith effort to notify the user responsible for posting the content of the removal or access restriction.
- Digital Dive may terminate access to our websites for repeat infringers or users involved in severe violations.
DMCA Counter-Notice Procedure
If you believe your content was removed or disabled as a result of a mistake or misidentification, you may submit a DMCA Counter-Notice to our designated agent. Your Counter-Notice must include:
- Identification of the removed content and the URL or location where the content previously appeared.
- Your contact information: full name, mailing address, telephone number, and email address.
- A statement under penalty of perjury that you believe in good faith the material was removed or disabled by mistake or misidentification.
- Consent to jurisdiction in federal district court in your location, or if overseas, consent to jurisdiction in a U.S. jurisdiction in which Digital Dive is located.
- Your electronic or physical signature.
Submit your Counter-Notice to our Designated DMCA Agent at legal@digitaldive.pro, clearly marking it “DMCA Counter-Notice.”
Procedure Following Receipt of Counter-Notice
Upon receiving a valid DMCA Counter-Notice:
- Digital Dive will forward a copy of your Counter-Notice to the original complaining party.
- The original complainant will have ten (10) business days to file a lawsuit to restrain your reinstatement of the content.
- If no legal action is initiated, Digital Dive may, at its discretion, restore or re-enable the previously removed content after ten (10) to fourteen (14) business days.
Repeat Infringer Policy
Digital Dive maintains a strict policy against repeat copyright infringers:
- We reserve the right, at our sole discretion, to terminate or suspend access privileges to users found repeatedly violating copyrights.
- Termination decisions may be based on the severity of the infringement, frequency of violations, and other factors determined by Digital Dive.
Misrepresentations and Liability
Under federal law, knowingly submitting false claims under the DMCA may result in liability for damages, attorney’s fees, and other associated legal costs. Digital Dive reserves the right to seek restitution from any party submitting fraudulent or malicious DMCA notices or counter-notices.
By using our site, you agree that TopSave.org, including its officers, directors, employees, and agents, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if TopSave has been advised of the possibility of such damages), resulting from the use of or the inability to use the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the service, or any other matter relating to the service.
No Waiver of Rights
This DMCA Policy does not limit Digital Dive’s rights or remedies under applicable laws. We retain full legal rights and remedies to address copyright infringement.
Changes to this DMCA Policy
Digital Dive reserves the right to modify or update this DMCA Policy at any time without notice. Changes will become effective immediately upon posting to this website. It is your responsibility to review this policy periodically to stay informed of updates or changes.
Contact Information
For questions, concerns, or clarifications regarding our DMCA Policy, please contact our designated agent directly:
DMCA Agent
Digital Dive Legal Department
Email: legal@digitaldive.pro
Website: https://digitaldive.pro