Digital Millennium Copyright Act — Takedown & Dispute Resolution Policy
Document type: Legal Policy • Operator: brdxvg.com • Revision: 2.1
Scope & Applicability
This Digital Millennium Copyright Act Policy ("DMCA Policy" or
"Policy") governs the procedures by which BRDXVG,
operating the web platform at brdxvg.com
("Operator", "Platform", "we", "us"),
processes claims of copyright infringement and administers its safe harbour
protections under federal law.
This Policy applies to all content transmitted through, hosted upon, cached by, stored on, or otherwise made accessible via the Platform's infrastructure, irrespective of whether such content was uploaded by end-users, embedded from external sources, or syndicated through third-party integrations.
This Policy does not constitute legal advice. Parties with specific legal questions concerning intellectual property rights are encouraged to consult qualified legal counsel.
Statutory Framework
The Digital Millennium Copyright Act of 1998 (Pub. L. No. 105-304,
112 Stat. 2860), codified at 17 U.S.C. §§ 512, 1201–1205,
1301–1332, establishes a framework of conditional liability limitations —
commonly referred to as "safe harbours" — for online service providers. Qualification
for safe harbour protection under 17 U.S.C. § 512(c) requires that the
Operator: (i) lacks actual knowledge of infringing activity; (ii) does not receive
a financial benefit directly attributable to the infringing activity where it has
the right and ability to control such activity; and (iii) upon obtaining requisite
knowledge, expeditiously removes or disables access to the infringing material.
The Operator maintains its safe harbour eligibility by adhering strictly to the notice-and-takedown procedures codified herein and by implementing the repeat infringer policy described in § 06 of this document.
Infringement Notification Procedure
Any rights holder ("Claimant") who believes in good faith that material
accessible via brdxvg.com constitutes an unauthorised reproduction,
distribution, public performance, or derivative use of a copyrighted work owned
or exclusively licensed by the Claimant must submit a formal takedown notification
to the Operator's Designated Copyright Agent.
Upon receipt of a procedurally compliant notification, the Operator will undertake the following operational sequence:
- Acknowledge receipt of the notification within two (2) business days.
- Conduct a preliminary procedural review to assess formal completeness.
- If formally complete, disable or remove access to the identified material within three (3) to five (5) business days of receipt.
- Transmit written notice of the removal to the content uploader where contact information is available and disclosure is permissible.
- Document the takedown action in the Platform's internal compliance log.
Notifications that are procedurally deficient — including those lacking a valid electronic or physical signature, adequate identification of the allegedly infringing material, or the required good-faith and accuracy declarations — will not be processed and will be returned to the Claimant with a notice of deficiency.
Formal Requirements for a Valid Takedown Notice
To be actionable under this Policy, a DMCA takedown notification must comply
with the requirements of 17 U.S.C. § 512(c)(3) and must include
each of the following elements:
- Identification of the copyrighted work(s): A sufficiently specific description of the copyrighted work(s) alleged to have been infringed. Where multiple works are the subject of a single notification, a representative list is permissible provided each work is uniquely identifiable.
- Identification of the infringing material: Information reasonably sufficient to permit the Operator to locate the allegedly infringing material, including precise URL(s), content identifiers, or other unambiguous locators within the Platform.
- Claimant contact information: Full legal name, postal address, telephone number, and a valid electronic mail address.
- Good faith belief statement: A written declaration that the Claimant has a good faith belief that the use of the identified material in the manner complained of is not authorised by the copyright owner, its authorised agent, or applicable law.
- Accuracy and authority declaration: A statement, made under penalty of perjury under the laws of the United States, that the information contained in the notification is accurate and that the Claimant is the copyright owner or is authorised to act on behalf of the copyright owner.
- Signature: A physical or valid electronic signature of the Claimant or of a person authorised to act on the Claimant's behalf.
Perjury Warning: Knowingly submitting a materially false takedown notification may subject the Claimant to civil liability for damages, including costs and attorneys' fees, pursuant to 17 U.S.C. § 512(f), as well as potential criminal liability.
Counter-Notification Procedure
A user or content provider ("Respondent") whose material has been removed or disabled pursuant to a DMCA takedown notification may submit a counter-notification to the Designated Copyright Agent if the Respondent believes, in good faith, that the material was removed or disabled as a result of mistake or misidentification.
A valid counter-notification under 17 U.S.C. § 512(g)(3) must contain:
- The Respondent's full legal name, postal address, telephone number, and email address.
- Identification of the material removed and the URL or location at which it appeared prior to removal.
- A statement under penalty of perjury that the Respondent has a good faith belief the material was removed due to mistake or misidentification of the material.
- A statement consenting to jurisdiction of the Federal District Court for the Respondent's judicial district, or any district in which the Operator may be found, and agreeing to accept service of process from the original Claimant.
- The Respondent's physical or electronic signature.
Upon receipt of a procedurally valid counter-notification, the Operator will
forward a copy to the original Claimant and, absent receipt of notice that the
Claimant has initiated judicial proceedings within ten (10) to fourteen
(14) business days, will restore the removed material in accordance
with 17 U.S.C. § 512(g)(2)(C).
Repeat Infringer Protocol
In accordance with 17 U.S.C. § 512(i)(1)(A), the Operator has adopted
and implemented a policy providing for the termination, in appropriate circumstances,
of accounts held by users who are determined to be repeat infringers.
For the purposes of this Policy, a "repeat infringer" is any user whose account or associated identifiers have been the subject of two (2) or more procedurally valid, uncontested takedown notifications within any rolling twelve-month period, or who has been the subject of a court determination of copyright infringement in connection with Platform content.
Termination actions under this provision are final and non-appealable through the DMCA counter-notification mechanism. Affected parties may seek judicial redress through applicable legal channels.
Limitation of Liability & Safe Harbour
Subject to compliance with the requirements of 17 U.S.C. § 512,
the Operator is not liable for monetary damages arising out of its good-faith
disabling, removal, or refusal to restore access to content pursuant to a
takedown notification or counter-notification, nor for any technical errors in
the transmission of notifications, provided such errors are not the result of
wilful misconduct.
The Operator expressly disclaims any obligation to monitor the Platform for infringing content proactively. The availability of the notice-and-takedown procedure herein does not constitute an assumption of any duty to identify or remove infringing material absent a compliant notification.
Designated Copyright Agent
Pursuant to 17 U.S.C. § 512(c)(2), the Operator has designated the
following agent to receive notifications of claimed infringement on behalf of
brdxvg.com:
Amendments & Policy Versioning
The Operator reserves the right to modify, supplement, or restate this Policy at any time without prior notice to users. Material amendments will be reflected in an updated revision number and a revised "Last Revision" date in the document metadata panel. Continued access to or use of the Platform following publication of an amended Policy constitutes binding acceptance of the revised terms.
Prior versions of this Policy are archived internally and may be obtained upon written request to the Designated Agent referenced in § 08.