← Back to Home

DMCA Policy

DMCA Policy

Which Smartphone Claim ("we," "us," or "our") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Which Smartphone Claim service and/or website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

If you are a copyright owner, or are 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 the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.

Filing a DMCA Notice of Alleged Infringement

Upon receipt of a valid DMCA Notice, we will remove or disable access to the allegedly infringing content. To file a DMCA notice, you must provide a written communication that includes substantially the following:

  1. **Identification of the copyrighted work:** A detailed description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  2. **Identification of the infringing material:** A description of the material that you claim is infringing and where it is located on our website (e.g., a specific URL).
  3. **Your contact information:** Your name, address, telephone number, and email address.
  4. **A statement that you have a good faith belief:** That the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. **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.
  6. **An electronic or physical signature:** Of the copyright owner or a person authorized to act on behalf of the owner.

Filing a DMCA Counter-Notification

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

  • **Identification of the material:** Identify 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.
  • **Your contact information:** Your name, address, telephone number, and email address.
  • **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.
  • **A statement that you consent to the jurisdiction:** Of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Which Smartphone Claim 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.
  • **Your physical or electronic signature.**

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

All DMCA notices and counter-notices should be sent to our designated Copyright Agent via our Contact Page.