Kind Reaper Development LLC ("ShotCart") respects the intellectual-property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that material hosted on the ShotCart Service infringes a copyright you own or control, you may submit a takedown notice as described below. If you believe your content was wrongly removed in response to such a notice, you may submit a counter-notice.
1. Designated Agent
ShotCart's designated agent for receiving DMCA notices is:
Kind Reaper Development LLC
Attn: DMCA Designated Agent
Email: appsupport@shotc.art
Please use the subject line "DMCA Notice" so we can route your message correctly.
2. Filing a Takedown Notice
To be effective under the DMCA, a takedown notice must be a written communication that includes substantially all of the following (17 U.S.C. § 512(c)(3)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed (or a representative list, if multiple works on a single site are covered by a single notification).
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, with information reasonably sufficient to permit ShotCart to locate the material — for ShotCart, this means a gallery URL and, where possible, the specific photograph ID or filename.
- Your contact information — name, address, telephone number, and email address.
- A statement 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Misuse warning.Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees incurred by the alleged infringer and by the service provider. Submit a takedown notice only if you have a good-faith belief that the material infringes a copyright you own or control.
3. Our Response
On receipt of a notice that substantially complies with the DMCA, we will:
- Promptly remove or disable access to the material identified in the notice.
- Forward the notice (with any redactions we determine appropriate) to the photographer or user who posted the material so they have an opportunity to file a counter-notice.
- Take reasonable steps to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
4. Counter-Notification
If you are a photographer or user whose content was removed and you believe the removal was in error or the result of misidentification, you may submit a counter-notice to the designated agent at the contact information above. To be effective, a counter-notice must include substantially all of the following (17 U.S.C. § 512(g)(3)):
- Your physical or electronic signature.
- 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 or access disabled.
- 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.
- Your name, address, and telephone number, and 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 your address is outside the United States, for any judicial district in which ShotCart may be found) and that you will accept service of process from the person who provided the original takedown notice or an agent of that person.
On receipt of a substantially-compliant counter-notice we will forward it to the original notice-sender and may restore the material in 10 to 14 business days unless we receive notice that an action has been filed to obtain a court order restraining the alleged infringer.
5. Repeat Infringers
It is ShotCart's policy, in appropriate circumstances, to terminate the accounts of users we determine to be repeat infringers. What constitutes an appropriate circumstance and a repeat infringer is a fact-specific assessment we make in good faith.
6. Limitations
This DMCA Policy addresses takedown notices under U.S. copyright law. For non-copyright complaints (privacy, right of publicity, defamation, impersonation, AUP violations) please contact appsupport@shotc.art directly without using the DMCA process.
7. Updates
We may update this Policy from time to time. The "Effective" date at the top of this page reflects the most recent revision.