DMCA Policy

1. Overview

Happy Kite Media ("we", "our", or "us") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond promptly to claims of copyright infringement committed using our Platform (dashboard.happykitemedia.com).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Platform, please notify our designated DMCA Agent as described below.

2. Designated DMCA Agent

Our designated agent for receiving DMCA notifications of claimed infringement is:

3. Filing a DMCA Notice

If you believe that content available on or through our Platform infringes your copyright, please submit a written DMCA takedown notice containing the following information:

3.1 Required Information

1. Identification of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list.
2. Identification of the material that you claim is infringing and that you want removed or access to which you want disabled, with enough detail so that we can locate it. Please provide specific URLs or a detailed description.
3. Your contact information, including your full legal name, mailing address, telephone number, and email address.
4. A statement that you 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.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
6. Your physical or electronic signature (or the signature of a person authorized to act on your behalf).

3.2 How to Submit

Send your DMCA notice to our designated agent via email at contact@happykitemedia.com with the subject line "DMCA Takedown Notice".

3.3 What Happens After Filing

Upon receiving a valid DMCA notice, we will:

• Acknowledge receipt of the notice within 2 business days.
• Review the notice for completeness and validity.
• Remove or disable access to the allegedly infringing material promptly.
• Notify the user who posted the material (if applicable) and provide them with a copy of the notice.
• Retain a record of the takedown for our files.

4. Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may file a counter-notification with the following information:

4.1 Required Information

1. 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.
2. 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.
3. Your full legal name, mailing address, telephone number, and email address.
4. A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
5. Your physical or electronic signature.

4.2 Processing Counter-Notifications

Upon receiving a valid counter-notification, we will:

• Forward the counter-notification to the original complaining party.
• Inform them that the removed material may be restored in 10 to 14 business days.
• Restore the material within 10 to 14 business days after receipt of the counter-notification, unless we receive notice that the original complaining party has filed a court action seeking to restrain the user from engaging in the infringing activity.

5. Repeat Infringers

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.

We may also, at our sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6. Good Faith & Misrepresentation

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees incurred by us or by the alleged infringer.

Before filing a DMCA notice, please consider whether the use of the copyrighted material at issue may constitute fair use. If you are unsure whether the material you are reporting is infringing, you may wish to contact an attorney before filing a notification.

7. Modifications

We reserve the right to modify this DMCA Policy at any time. Changes will be effective immediately upon posting the updated policy on this page with a revised "Last Updated" date.