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Copyright and DMCA Policy

1. General Provisions

1.1. This Copyright and DMCA Policy (the "Policy") establishes the procedures for the protection of intellectual property rights, the submission of copyright infringement notices, and the handling of related claims in connection with the use of the WHIMSCOPE mobile application (the "Application").

1.2. The Company respects the intellectual property rights of third parties and expects Users to do the same. Use of the Application in a manner that infringes copyrights or other intellectual property rights is strictly prohibited.

1.3. This Policy forms an integral part of the Application's Terms of Use. In the event of any inconsistency between this Policy and the Terms of Use, the Terms of Use shall prevail unless otherwise expressly required by applicable law.

1.4. This Policy constitutes a specific procedure for addressing copyright infringement claims and shall be applied in conjunction with the User Generated Content Policy and the Content Moderation and Enforcement Policy.

1.5. This Policy has been developed in accordance with the laws of the United States, including the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512, as well as other applicable international copyright laws and regulations.

1.6. The procedures set forth in this Policy apply to all Users regardless of their country of residence or location. Where applicable local laws provide for additional mandatory protections or requirements, such provisions shall apply to the extent required by such laws, without prejudice to the application of the DMCA notice-and-takedown procedures and limitations of liability.

1.7. The Company acts as a "service provider" within the meaning of the DMCA and may rely on the protections afforded by the DMCA safe harbor provisions, provided that the applicable statutory requirements and procedures are satisfied.

1.8. All capitalized terms used in this Policy shall have the meanings assigned to them in the Terms of Use unless otherwise expressly defined in this Policy.

2. Intellectual Property Rights and Content Ownership

2.1. All copyrighted works and other intellectual property contained within the Application, including but not limited to software code, design elements, graphical materials, user interfaces, text, databases, audio and video content, trademarks, logos, and other materials (collectively, the "Company Content"), are owned by the Company or are used by the Company under valid legal authorization.

2.2. The Company Content is protected by United States copyright laws, international copyright treaties, and other applicable intellectual property laws. Any copying, reproduction, distribution, modification, public display, public performance, or other use of the Company Content without prior written authorization from the Company is prohibited, except as expressly permitted under the Terms of Use or applicable law.

2.3. The User does not acquire any ownership rights in the Company Content through the use of the Application, except for the limited, non-exclusive, non-transferable license to use the Application in accordance with the Terms of Use.

2.4. To the extent that the Application permits Users to create, upload, submit, or publish materials (the "User Content"), all intellectual property rights in such User Content shall remain with the respective User or other lawful rights holder.

2.5. By submitting User Content to the Application, the User represents and warrants that:

  • the User is the lawful owner of such content or otherwise possesses all necessary rights, licenses, permissions, and authorizations required for its use and submission;
  • the publication, and use of such content do not infringe or violate the rights of any third party, including copyrights, related rights, trademark rights, or any other intellectual property rights.

2.6. The User bears sole responsibility for any User Content that the User creates, uploads, submits, publishes, or otherwise distributes through the Application.

2.7. Upon receipt of a properly submitted copyright infringement notice, the Company may restrict access to or remove the allegedly infringing material in accordance with the procedures set forth in this Policy.

2.8. The removal of content or restriction of access to content pursuant to this Policy shall not limit the Company's right to apply moderation measures in accordance with the Community Guidelines.

2.9. General content moderation mechanisms and enforcement measures shall be governed by the Content Moderation and Enforcement Policy unless otherwise expressly provided in this Policy.

3. Procedure for Submitting a Copyright Infringement Notice (DMCA Notice)

3.1. If you are a copyright owner or an authorized representative of a copyright owner and believe that any material available through the Application infringes your copyright, you may submit a written copyright infringement notice in accordance with the requirements of the United States Digital Millennium Copyright Act (17 U.S.C. §512) (a "DMCA Notice").

3.2. For a DMCA Notice to be considered valid and processed by the Company, it must include all of the following required elements:

3.2.1. Identification of the copyrighted work or works claimed to have been infringed, including but not limited to text, photographs, videos, audio recordings, graphics, or other copyrighted materials. If multiple copyrighted works are covered by a single notice, a representative list of such works may be provided.

3.2.2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, together with information reasonably sufficient to permit the Company to locate the material within the Application (such as URLs, profile names, screenshots, or other identifying information).

3.2.3. Your contact information, including:

  • full legal name or business name;
  • mailing address;
  • telephone number (if available);
  • email address.

3.2.4. A statement substantially in the following form:

"I 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."

3.2.5. A statement substantially in the following form:

"The information contained in this notification is accurate, and under penalty of perjury, I declare that I am the owner of the copyright or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

3.2.6. A physical or electronic signature of a person authorized to act on behalf of the copyright holder (an electronic signature may be in the form of a full name at the end of an email).

3.3. Any DMCA Notice that does not contain all of the required elements described above may be deemed deficient and may not be processed by the Company.

3.4. Upon receipt of a properly submitted DMCA Notice, the Company may:

  • temporarily disable access to or remove the allegedly infringing material;
  • notify the User who submitted or posted the material that a copyright infringement claim has been received;
  • provide such User with an opportunity to submit a Counter-Notification in accordance with Section 5 of this Policy.

3.5. The Company reserves the right to request additional information, documentation, or evidence where reasonably necessary to verify the validity of the claimed infringement.

3.6. Submitting a false, misleading, fraudulent, or knowingly unfounded DMCA Notice may result in legal liability under applicable law, including liability pursuant to 17 U.S.C. §512(f).

4. Contact Information and Designated DMCA Agent

4.1. In accordance with the requirements of the United States Digital Millennium Copyright Act, 17 U.S.C. §512, the Company has designated an official DMCA Agent responsible for receiving notifications of alleged copyright infringement.

4.2. The contact information for the Company's designated DMCA Agent, as registered with the U.S. Copyright Office, is as follows:

Designated DMCA Agent: WHIMSCOPE LLC
Email: support@whimscope.com

Mailing Address: 131 Continental Dr, Suite 305, Newark, DE 19713, New Castle County, United States
Telephone: +1 (302)-314-5105

4.2.1. All DMCA Notices must be submitted exclusively through the contact information provided above. Notices submitted through other communication channels, including customer support, social media platforms, or other contact methods, may not be properly processed or reviewed.

4.3. The Designated DMCA Agent acts on behalf of WHIMSCOPE, LLC and is responsible for receiving copyright infringement notices and coordinating the Company's response, including the review, removal, or restriction of access to allegedly infringing content.

4.4. The Company may update the contact information of its Designated DMCA Agent by amending this Policy and/or updating its registration with the U.S. Copyright Office. Users are responsible for verifying the current contact information before submitting a DMCA Notice.

4.5. Submission of a copyright infringement notice through any method or to any address other than those specified above does not guarantee that the notice will be properly received, reviewed, or processed in accordance with the DMCA or this Policy.

4.6. The Company shall maintain an active registration of its Designated DMCA Agent with the U.S. Copyright Office in accordance with 17 U.S.C. §512(c)(2).

5. Counter-Notification Procedure

5.1. If a User receives notice that their content has been removed or access to it has been disabled as a result of a DMCA Notice and believes that the removed or disabled material does not infringe any copyright, the User may submit a Counter-Notification.

5.2. A Counter-Notification must be submitted in written or electronic form and must include all of the following required elements:

5.2.1. Identification of the material that has been removed or to which access has been disabled, together with information reasonably sufficient to permit the Company to locate the material within the Application.

5.2.2. A statement substantially in the following form:

"I 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."

5.2.3. The full legal name and mailing address of the User submitting the Counter-Notification.

5.2.4. A statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the Company is located, or if the User's address is outside the United States, to the jurisdiction of the appropriate court located in the State of Delaware, and that the User will accept service of process from the person who submitted the original DMCA Notice or that person's authorized representative.

5.2.5. A statement substantially in the following form:

"I declare under penalty of perjury that the information contained in this Counter-Notification is accurate and that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification."

5.2.6. The User's physical or electronic signature.

5.3. Upon receipt of a valid Counter-Notification submitted to the Designated DMCA Agent identified in Section 4:

  • the Company will promptly provide the original complaining party with a copy of the Counter-Notification;
  • pursuant to 17 U.S.C. §512(g), the Company may restore the removed material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, unless the Company first receives notice that the complaining party has filed a court action seeking to restrain the User from engaging in the allegedly infringing activity.

5.4. The Company reserves the right to request additional information or documentation necessary to verify the completeness or validity of a Counter-Notification. However, the Company is not obligated to independently assess the merits of any copyright dispute, and compliance with the procedures established by the DMCA shall be sufficient for purposes of maintaining applicable safe harbor protections.

5.5. Submission of a false, misleading, fraudulent, or knowingly unfounded Counter-Notification may result in civil liability under applicable United States law.

6. Repeat Infringer Policy

6.1. The Company maintains and reasonably implements a policy for terminating, in appropriate circumstances, the accounts of repeat copyright infringers in accordance with the requirements of 17 U.S.C. §512(i).

6.2. Users who repeatedly upload, submit, publish, or otherwise make available content that infringes the copyrights of third parties may have their access to the Application suspended, restricted, or permanently terminated without prior notice.

6.3. Factors that may be considered in determining whether a User is a repeat infringer include, but are not limited to:

  • the receipt of multiple valid DMCA Notices concerning content submitted or published by the User;
  • the existence of multiple alleged copyright infringements occurring within a particular period of time, as reasonably determined by the Company.

6.4. The Company reserves the right, in its sole discretion, to determine the appropriate enforcement action, which may include:

  • temporary suspension of the User's account;
  • permanent termination or deactivation of the User's account;
  • restriction or prohibition of the User's ability to upload, submit, publish, or otherwise make available new content through the Application.

6.5. The Company may notify the User of any enforcement measures taken under this Policy but is not obligated to provide detailed explanations regarding the number of alleged infringements, the evaluation of specific content, or the criteria used in making its determination.

6.6. The measures described in this Section do not limit the Company's right to remove content, disable access to content, or take any other action in response to individual DMCA Notices or alleged copyright infringements.

6.7. This Repeat Infringer Policy applies to all Users regardless of their country of residence or location and forms an integral part of the Terms of Use governing the Application.

7. Liability and Limitations

7.1. To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to:

  • the removal of, disabling of access to, or restriction of access to User content pursuant to a DMCA Notice or Counter-Notification;
  • the publication, distribution, sharing, or use of content by other Users;
  • any interruption, unavailability, malfunction, or failure of the Application.

7.2. Except as required by applicable law or upon receipt of a valid DMCA Notice, the Company does not monitor, verify, endorse, or guarantee the accuracy, legality, ownership, or non-infringing nature of content submitted, uploaded, or published by Users.

7.3. Users are solely responsible for their User Content and their activities within the Application, including but not limited to:

  • infringement of the copyrights or other intellectual property rights of third parties;
  • providing false, misleading, or inaccurate information in a DMCA Notice or Counter-Notification;
  • uploading, publishing, transmitting, or distributing unlawful, harmful, or otherwise prohibited content.

7.4. While the Company endeavors to maintain a secure, reliable, and continuously available Application, the Company does not warrant that the Application will operate uninterrupted, error-free, secure, or free from technical defects. The Company shall not be liable for any loss of data, service interruptions, delays, or temporary access issues.

7.5. All actions taken by the Company in connection with DMCA Notices, Counter-Notifications, and the Repeat Infringer Policy are performed in accordance with applicable United States law and this Policy and shall not create any additional duties, obligations, or liabilities toward any User or third party.

7.6. The limitations of liability set forth in this Section shall apply to the maximum extent permitted by the laws applicable to the User. In the event of any conflict between this Section and the limitation of liability provisions contained in the Terms of Use, the provisions of the Terms of Use shall govern and control.

8. Record Retention and DMCA Logging

8.1. The Company maintains records of all DMCA Notices and Counter-Notifications received, including the dates of receipt, the contents of such notices, and the actions taken in response.

8.2. Unless a longer retention period is required by applicable law or the Company's internal policies, such records shall be retained for a minimum of three (3) years from the date the relevant notice or Counter-Notification is received.

8.3. The records maintained by the Company may include, without limitation:

  • the complete text of the DMCA Notice received;
  • information regarding the removed, disabled, or restricted content;
  • contact information of the copyright owner or authorized representative;
  • copies of any Counter-Notifications submitted;
  • records describing the actions taken, including the dates of removal, access restriction, restoration, or other responsive measures.

8.4. The retention of DMCA-related records serves, among other purposes, to:

  • support the Company's compliance with and protection under 17 U.S.C. §512;
  • maintain evidence for legal proceedings, investigations, audits, or regulatory inquiries;
  • identify and track repeat copyright infringers.

8.5. The Company is committed to protecting personal information contained in DMCA Notices and Counter-Notifications in accordance with applicable privacy and data protection laws and industry best practices. Any processing of personal data contained in DMCA Notices or Counter-Notifications shall be governed by the Company's Privacy Policy.

8.6. Access to DMCA-related records and logs is restricted to the Company's management personnel and authorized employees, contractors, or representatives who require such access for legitimate business, legal, compliance, or operational purposes, and appropriate measures shall be taken to maintain the security, confidentiality, and integrity of such records.

9. Amendments to the Policy

9.1. The Company reserves the right to modify, update, or amend this Policy at any time, without prior consent from Users.

9.2. All changes shall become effective upon publication of the updated version on the Application or website, unless a different effective date is expressly stated.

9.3. Users are responsible for periodically reviewing this Policy for updates, and continued use of the Application after the publication of any changes constitutes acceptance of the revised terms.

9.4. Changes may include, without limitation:

  • updates to the contact information of the Designated DMCA Agent;
  • modifications to the Counter-Notification procedures;
  • changes to record retention periods;
  • amendments to the other provisions of this Policy.

9.5. All amendments shall be made in compliance with applicable United States law and the applicable laws of other relevant jurisdictions, and shall be aligned with the Company's Terms of Use and Privacy Policy.

10. Contact Information and Support

10.1. For any questions regarding this Policy, DMCA Notices, Counter-Notifications, or the Repeat Infringer Policy, Users may contact the Company using the following details:

Company Name: WHIMSCOPE, LLC

Designated DMCA Agent / Contact Person: WHIMSCOPE, LLC

Email: support@whimscope.com

Mailing Address: 131 Continental Dr, Suite 305, Newark, DE 19713, New Castle County, United States
Telephone: +1 (302)-314-5105

10.2. Users must submit all official DMCA Notices or Counter-Notifications exclusively to the email address or mailing address provided above.

10.3. Requests submitted through other communication channels, including in-app chat, social media platforms, or customer support channels, may not be recognized or processed as valid DMCA Notices or Counter-Notifications.

10.4. The Company endeavors to respond to incoming requests in a timely manner and in the order received; however, it does not guarantee expedited review of submissions sent through unofficial or alternative channels.

10.5. The above contact information is designated for and maintained as the official DMCA Agent registration information with the U.S. Copyright Office in accordance with 17 U.S.C. §512(c)(2).

10.6. All Platform policies shall be interpreted in conjunction with one another. In the event of any conflict between such documents, the policy specifically governing the relevant subject matter shall prevail.