DMCA Policy

At NearGaze, we respect the intellectual property rights of others and expect our users to do the same. We are committed to complying with the Digital Millennium Copyright Act (DMCA) and have implemented procedures for reporting alleged copyright infringement on our site. This DMCA Policy outlines how we address copyright concerns and the steps you can take if you believe your content has been used on our site without permission.

What is the DMCA?

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides protection for online service providers against copyright infringement claims, provided they comply with specific legal requirements. The DMCA allows copyright owners to request the removal of infringing content from a website by sending a formal notice to the site’s designated agent.

Reporting Copyright Infringement

If you believe that your copyrighted work has been copied or is being used on NearGaze in a way that constitutes copyright infringement, you may notify us by providing the information required by the DMCA. Please note that under the DMCA, your claim must include the following:

  1. Identification of the Copyrighted Work: Provide a clear description of the copyrighted work that you claim has been infringed. If multiple works are involved, please provide a representative list.

  2. Identification of the Infringing Material: Specify the location of the infringing material on our website, such as the URL link or any other information that will help us locate the content.

  3. Contact Information: Include your name, address, telephone number, and email address so we can contact you regarding your complaint.

  4. Statement of Good Faith: A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  5. Statement of Accuracy: A statement that the information provided in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

  6. Signature: Your physical or electronic signature. This can be typed if the notice is sent electronically.

Submit Your DMCA Notice to:

We recommend sending your DMCA notice via email for a quicker response. We will review your claim and take appropriate action, such as removing or disabling access to the allegedly infringing content.

Counter-Notification Procedure

If you believe that the content removed or disabled by NearGaze as a result of a DMCA notice does not infringe on any copyright, or you have permission from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use the content, you have the right to submit a counter-notification.

Your counter-notification must include:

  1. Identification of the Removed Content: Provide a description of the content that was removed or disabled and the location where it appeared before it was removed.

  2. Statement of Good Faith: A statement, under penalty of perjury, that you believe the content was removed or disabled as a result of mistake or misidentification of the material.

  3. Contact Information: Your name, address, telephone number, and email address.

  4. Consent to Jurisdiction: 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 NearGaze may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

  5. Signature: Your physical or electronic signature.

Submit Your Counter-Notice to:

Once we receive a valid counter-notification, we will forward it to the party who filed the original DMCA complaint. If the complainant does not file a lawsuit within ten business days, we may restore the removed content.

Repeat Infringers

NearGaze reserves the right to terminate user accounts or access privileges of any user who is found to repeatedly infringe on the copyrights of others. We have a policy of terminating, in appropriate circumstances, subscribers and account holders who are repeat infringers.

Important Considerations

  • False Claims: Submitting false claims of copyright infringement can result in legal consequences, including liability for damages. Please ensure that your DMCA notice or counter-notification is accurate and made in good faith.

  • Privacy Considerations: Any personal information you provide in a DMCA notice or counter-notification will be used to process your claim. We may share your notice with the alleged infringer or other relevant parties as part of our investigation. Your information will be handled according to our Privacy Policy.

  • No Legal Advice: This DMCA Policy is provided for informational purposes only and does not constitute legal advice. If you are unsure about your rights or obligations under the DMCA, we recommend consulting a qualified attorney.

Changes to This DMCA Policy

We may update this DMCA Policy from time to time. Any changes will be posted on this page, and we will notify you of significant changes via a notice on our website. Your continued use of NearGaze following the posting of any changes constitutes your acceptance of those changes.

Contact Us

If you have any questions about our DMCA Policy or need further assistance, please contact us here.

Thank you for helping us maintain a respectful and lawful environment at NearGaze.