DMCA Terms

Effective Date: Oct. 12, 2023 [Posted Date: October 12 2023)

Introduction and Overview

Welcome!  These provisions (“DMCA Terms”) are deemed part of the Terms of Service for stg-productive-staging.kinsta.cloud and the related Service as further described here [https://stg-productive-staging.kinsta.cloud/terms-of-service/] (the “Terms”) and these DMCA Terms are hereby incorporated into the Terms by reference.  Any capitalized terms not defined herein shall have the meaning set forth in the Terms.

Procedure For Alleging Copyright Infringement

1. DMCA Notice. stg-productive-staging.kinsta.cloud will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below.  If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following: (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”; (ii) a 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; (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears); (iv) your full name, address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and (vii) your electronic or physical signature.

stg-productive-staging.kinsta.cloud will only respond to DMCA Notices that it receives by e-mail at [info@productive.app].  It is often difficult to determine if your copyright has been infringed.  stg-productive-staging.kinsta.cloud may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and stg-productive-staging.kinsta.cloud may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. 

We may send the information that you provide in your notice to the person who provided the allegedly infringing work.  That person may elect to send us a DMCA Counter-Notification.  Without limiting stg-productive-staging.kinsta.cloud’s other rights, stg-productive-staging.kinsta.cloud may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by stg-productive-staging.kinsta.cloud.

1. Counter–Notification. If access on the Service to a work that you submitted to stg-productive-staging.kinsta.cloud is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above.  Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says:  “DMCA Counter-Notification”; (ii) a description 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 access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled); (iii) 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; (iv) your full name, address, telephone number, e-mail address, and the username of your account; (v) 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 the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (vi) your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.  If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification.  However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service.  You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.