HEWAH DMCA Policy
Introduction
HEWAH respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), HEWAH will respond to claims of copyright infringement committed using the HEWAH website and application (collectively, the "Service") if such claims are reported to our designated Copyright Agent through the provided form.
User Responsibility
Users who upload content to HEWAH are responsible for ensuring that their uploads do not infringe on any copyrights. By uploading content, users represent and warrant that they have the rights or permission necessary to do so. HEWAH is not responsible for any content uploaded by users that infringes on the rights of third parties.
Fair Use Consideration
Before submitting a DMCA notice, please consider whether the material you are reporting falls under fair use. If you are unsure, you may want to seek legal advice. Misrepresenting material as infringing can result in legal consequences, including damages and attorneys’ fees.
Filing a DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, you can report it by clicking the "Report Copyright" button next to the respective song and filling out the form. To be effective, your notice must include the following information:
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Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
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Identification of the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
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Your mailing address, telephone number, and email address.
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A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
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A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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Your physical or electronic signature.
Please ensure all required fields in the form are completed accurately. Your DMCA notice will be forwarded to the party that made the material available.
Counter-Notice
If you believe that your content was removed (or access to it was disabled) by mistake or misidentification, you may file a counter-notice. To do so, you must provide the following information:
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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.
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A statement by you, made 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.
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Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in [Your Federal District] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
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Your physical or electronic signature.
To file a counter-notice, please use the same "Report Copyright" button and follow the instructions for submitting a counter-notice.
Repeat Infringers
HEWAH will promptly terminate without notice the accounts of users that are determined by HEWAH to be "repeat infringers." A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had infringing material removed from the Service more than twice.
Modifications
HEWAH reserves the right to modify, alter, or add to this policy, and all users should regularly check back to stay current on any such changes.
This version combines the structured clarity of the original HEWAH policy with the emphasis on fair use and legal consequences from the BeatStars policy, providing a comprehensive and user-friendly DMCA policy.