Copyright & Intellectual Property Policy

1. Our Commitment

MagiMoments respects the intellectual property rights of others and expects users of the service to do the same. We respond to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable law.

This policy explains how to submit a notice of claimed infringement, how an alleged infringer can submit a counter-notification, and our policy regarding repeat infringers. It supplements our Terms of Service.

2. Notice of Claimed Infringement

If you believe that content available through MagiMoments infringes a copyright you own or control, you may submit a written notice of claimed infringement to our Designated Agent (see Section 7 below).

To be effective under the DMCA, your notice must include substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• 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, and information reasonably sufficient to permit us to locate the material (including, where applicable, a URL or other specific reference);
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an 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; and
• 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 an exclusive right that is allegedly infringed.

Notices that do not substantially comply with these requirements may not be effective. Please consult an attorney or 17 U.S.C. § 512(c)(3) for additional information.

3. Our Response to Notices

Upon receipt of a notice that substantially complies with the DMCA, we may remove or disable access to the allegedly infringing material, notify the user who submitted the material, and take such other action as we deem appropriate under the circumstances. We may also forward the notice (including the contact information of the complaining party) to the user whose content is the subject of the notice.

4. Counter-Notification

If you believe that material you submitted to MagiMoments was removed or access to it was disabled by mistake or misidentification, you may submit a counter-notification to our Designated Agent. To be effective under the DMCA, your counter-notification must include substantially the following:

• Your physical or electronic signature;
• Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was 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 of the United States, for any judicial district in which MagiMoments may be found, and that you will accept service of process from the person who provided the original notice of infringement or an agent of that person.

If we receive a valid counter-notification, we may, in our discretion and in accordance with the DMCA, restore the removed material unless the original notifier files an action seeking a court order against the alleged infringer within ten (10) business days.

5. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, MagiMoments has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the accounts of users who are determined to be repeat infringers. We may also limit access to the service or terminate the accounts of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6. Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. Please ensure that any notice or counter-notification you submit is accurate.

7. Designated Copyright Agent

Notices of claimed infringement and counter-notifications should be directed to our Designated Agent:

Registered with the U.S. Copyright Office, DMCA Designated Agent Directory, Registration No. DMCA-1072955. The public registry is searchable at https://dmca.copyright.gov.

8. Trademark Concerns

If you believe that content on the service infringes a trademark you own or control, please send a written notice to legal@magimoments.com identifying the trademark, the allegedly infringing material, and your contact information. We will review the notice and take such action as we deem appropriate.

9. Changes to This Policy

We may update this policy from time to time. Updates will become effective when posted or as otherwise stated. Your continued use of the service after the effective date constitutes acceptance of the updated policy.