DCMA
Digital Millennium Copyright Act (“DMCA”) Policy
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the www.marcindrozdz.com website (“Website”), “www.marcindrozdz.com” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and M1 Real Capital Inc (“M1 Real Capital Inc”, “we”, “us” or “our”) doing business as M1 Real Capital Inc. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and M1 Real Capital Inc, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
The DMCA
The Digital Millennium Copyright Act ("DMCA") provides a systematic process for copyright holders to request M1 Real Capital Inc to remove infringing content. More information about the DMCA can be found at the U.S. Copyright Office’s official website.
As with all legal matters, it is advised to consult with a professional regarding your specific situation. Our guides are for informational purposes only and do not constitute legal advice.
Accurate Information
Under the DMCA, you must swear to the accuracy of your infringement notice under penalty of perjury. It is a federal offense to intentionally provide false information in a sworn declaration (see U.S. Code, Title 18, Section 1621). Submitting inaccurate information could also result in civil liability—you could be sued for damages.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Investigation
Our users put significant effort into creating content. Filing a DMCA notice of infringement is a serious legal step that can have significant consequences. We strongly recommend conducting a thorough investigation and consulting with an attorney before submitting a takedown request to ensure that the content use is not actually permissible.
A constructive first step before sending a takedown notice is to contact the content creator directly.
No Automated Bots
Each takedown notice should be individually assessed by a professional. If you outsource this task, ensure that your service provider does not use automated bots to file notices, as such notices are often invalid and lead to unnecessary content removal.
Counter Notices
If a content creator disagrees with a takedown notice, they may submit a counter notice. If this occurs, we will restore their content within 14 days unless we receive notice that you have initiated legal action to prevent further infringing activity by the user.
The Determination
M1 Real Capital Inc plays a limited role in the DMCA process, mainly verifying whether notices meet the DMCA's basic requirements. It is ultimately up to the parties (and their lawyers) to assess the merit of their claims, bearing in mind that notices must be submitted under penalty of perjury.
DMCA Takedown Notice
If you believe your copyrighted content is being used without authorization on our platform, please send an email notification to [email protected]. Please provide the following information in your notice:
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material and information reasonably sufficient to permit us to locate the material on our platform;
- Your contact information, including address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Email submission of your notice will facilitate a faster response compared to physical mail. If you prefer to send a physical notice, our address is:
Attention: Legal Department
DMCA Notice
M1 Real Capital Inc
SUITE 2500, 500 4TH AVENUE SW, CALGARY ALBERTA
By submitting a DMCA notice, whether by form, email, or physical mail, you acknowledge that a copy of your submission with all provided information may be shared with the party accused of infringement.
DMCA Counter Notice
If you believe that your content has been mistakenly disabled due to a DMCA takedown request, you have the right to issue a counter notice. Ensure you meet the requirements for DMCA counter notifications before proceeding.
Counter notices may be submitted via email or physical mail as detailed above.
