NFT Genius Inc. (“Company,” “we,” or “us”) expects every user to respect all intellectual property rights, including copyrights, of others when using our website (located at www.nftgenius.com) and all websites, webpages, applications, marketplace, tools, features, API’s and other Internet-based services that we operate (the “Platform”).
The Terms of Use for our Platform prohibits posting or transmitting any content that infringes on another person’s rights. If you wish to report a copyright complaint (i.e., if you believe your copyright-protected work is being copied without your consent or otherwise infringed by any content you find on our Platform) or a counter-argument (i.e., if you believe any allegations of infringement against you are false), please follow the below-stated procedures. As for any other intellectual property issues, including copyright, trademark, patent, or right of publicity issues, we welcome you to write us an email to the following address describing your concerns: [email protected]
In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512, et seq. (the “DMCA”), (available via the U.S. Copyright Office website:https://www.copyright.gov/legislation/dmca.pdf), we will investigate and respond to all claims of copyright infringement alleged involving our Platform that are reported to the Company’s Designated Copyright Agent, whose name and contact information are identified below.
The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice. Before serving either a notification of copyright-infringing material or a counter-notification that such material is not infringing, you may wish to contact an experienced copyright lawyer to better understand your rights and obligations under the DMCA and other applicable laws.
Warning: Misrepresenting that material infringes on your copyright MAY SUBJECT YOU TO LIABILITY FOR DAMAGES. If you are unsure whether questionable material on the Platform infringes on your copyright, please consult with an attorney before filing a DMCA notification or counter-notification.
If you believe, in good faith, that a valid copyright-protected work that you own has been infringed, please deliver a notification containing the following information to our Designated Copyright Agent at the below-stated address:
(a) Identify the copyright-protected work that you claim has been infringed (include the relevant Copyright Registration number, if any);
(b) Identify the material on the Platform that you claim is infringing, with enough detail so that we may locate and review it;
(c) Provide your mailing address, telephone number, and email address;
(d) Provide the legal name, and the electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(e) Include both of the following two statements in the body of the notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
(f) Your physical or electronic signature.
Deliver this notice, with all items completed, to our Designated Copyright Agent via certified mail or email:
Please note that whether or not the Company ultimately decides to disable access to, suspend, takedown, delete or otherwise remove the allegedly infringing content, we may also attempt to forward your written notification, including the complaining party’s contact information, to the specific user who posted, uploaded, or created the content or take other steps to notify that user that the Company has received notice of an alleged copyright violation. The accused user will have an opportunity to respond to the complaint with a counter-notification in the event they believe the complaint is improper.
If you believe that a notification of copyright infringement has been improperly submitted against you, you may submit a counter-notification pursuant to Sections 512(g)(2) and (3) of the DMCA. To do so, please provide the following information to our Designated Copyright Agent, identified above:
(a) Your full name, your email address, your mailing address;
(b) Identification of the material removed or to which access has been disabled;
(c) A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
(d) statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the County of Los Angeles, State of California, U.S.A. if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or the complainant’s authorized agent; and
(e) Your physical or electronic signature.
Pursuant to our Terms of Use, the Company has no duty or obligation to attempt to remove allegedly infringing content from websites, webpages, applications, and services which we do not operate or control, including any digital wallet owned or operated by any third-party user or entity. If you are the copyright owner of content that is reproduced, distributed, transmitted, or otherwise used without your authorization on a third-party platform, please contact the relevant third-party for information about their infringement notification policy.
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