DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)


The Digital Millennium Copyright Act (hereafter, “DMCA”) is a regulation passed in 1998 by Congress to protect against piracy of digital content and encourage the growth of such products. 


MemberVault, LLC has a strict and firm policy against anyone who is infringing upon another person’s or business’s intellectual property rights. MemberVault has a zero-tolerance policy against infringers of any content. Therefore, we reserve the right to block or remove any offending content that will be found to be infringing. Furthermore, MemberVault reserves the right to take down any creator’s specific content or entire MemberVault platform if necessary if they are repeat offenders and repeat infringers. Read below for MemberVault’s procedure for DMCA Takedown requests. 


If you believe that someone who is using MemberVault to build their online programs is infringing your Copyright, then you should contact MemberVault, LLC and report any alleged infringement of your intellectual property. 


To request DMCA Takedown, you must email MemberVault at hello@membervault.co and use the following subject line for your email: “DMCA Takedown Request”. 


To be sure that your DMCA Takedown Request reaches the proper channels at MemberVault, and that it gets processed promptly for decision, make sure you follow these directions closely.


Contents of Your Notice


Whenever you’re ready to send MemberVault, LLC notice of possible infringement, you must include the following information in your notice:


  1. 1. Screenshots of the original work showing you’re the owner
  2. 2. A physical or electronic signature from the person showing that they have authority to act on behalf of the copyright owner (if the owner is not the one requesting DMCA Takedown)
  3. 3. Dates if possible, to point out first use date
  4. 4. Screenshots of the alleged infringing product(s)
  5. 5. Dates if possible, to show that alleged infringer used it after you.
  6. 6. Explain in your email how the alleged infringer is violating your Copyright. 
  7. 7. Is the use an exact copy?
  8. 8. Are the infringed materials facts?
  9. 9. How did you become aware of the alleged infringement? 
  10. 10. Is there, or was there some connection between your work and the alleged infringer?
  11. 11. Identification of the alleged infringing work that you want us to take down or remove, such as it’s URL, location, and any other details that will provide MemberVault with enough information to locate the product or service in question. 
  12. 12. A statement that the information you provided in your request is accurate to the best of your knowledge. Under penalty of perjury, you are not misrepresenting or lying about the copyright infringement issues at hand.



  13. MemberVault Procedure


After receiving DMCA Takedown notice and all the relevant information, MemberVault reserves the right to carefully inspect all the information and evidence to ensure a “good faith” belief that copyright infringement took place. 


If necessary, MemberVault will request more evidence from the party who requests DMCA Takedown. 


If the submitted information is enough to establish that there potentially is a copyright infringement issue, then MemberVault, LLC will act within 48 hours to comply with the Digital Millennium Copyright Act. 


MemberVault will comply with DMCA requirements by removing either the offending content or the entire website. 


After MemberVault takes action and removes the alleged infringing product or service, MemberVault will contact the alleged infringer and notify them that their product or service has been removed due to DMCA filing. 



Counter-Notification


If and when MemberVault, LLC removes any of your content or takes down an entire site due to the receipt of a DMCA Takedown Notice, it is within your rights to send a Counter Notice to MemberVault explaining your side of the story, if you believe that MemberVault has wrongfully took down your product or site. 


If you do send a Counter Notice, then follow the instructions and be sure to include the following: 


  1. 1. An explanation under penalty of perjury that you’re the owner of the copyright, and/or you’re legally licensing copyright for use, and/or you’re authorized by the actual owner of copyright to file the counter notice.
  2. 2. A statement under the penalty of perjury that you believe in good faith that your product or site was taken down or removed by mistake or misidentification. 
  3. 3. Copy of any notices or actions that you or your attorney sent to the party who filed DMCA Notice.
  4. 4. If you believe in good faith that MemberVault removed your materials by mistake or as a result of misinformation, then you must describe in detail what was removed or taken down. Provide us with the name of the product, the URL if you can procure one. 


To ensure that MemberVault is treating all the parties involved fairly, MemberVault will notify the party who filed the original DMCA action if the alleged infringer sends a counter-notice. 



MemberVault, LLC is not an Attorney or a Legal Expert.


MemberVault, LLC, will carefully inspect any and all evidence it receives as a result of a DMCA action or counter-notice. However, MemberVault, LLC, or its agents are not attorneys or legal experts. Therefore, MemberVault is only required to determine if there is a “good faith” belief that copyright infringement took place. 


If there is a good faith belief of copyright infringement, then that basis is enough for MemberVault to take action and to remove the potentially infringing product/service. 


Whether the law will find there is an infringement or not is between the original party who filed the DMCA request and the alleged infringer. 


If MemberVault receives a counter-notice, and that counter-notice explains with evidence and in detail why and how there is no infringement, MemberVault reserves the right to restore the removed product or service if it finds that there is no “good-faith basis” for infringement based on the information from the counter-notice. 



MemberVault’s Position on Repeat Infringement and Infringers 


As stated before, MemberVault does not tolerate copyright infringements of any kind. If MemberVault receives more than one (1) complaint against the same individual or creator for copyright infringement, then MemberVault reserves the full right and sole authority to take down the alleged infringer’s entire site. This means that MemberVault will close down your account if you’re considered a repeat infringer. You have the right to submit any counter notices that will prove you are not infringing. MemberVault will take those notices into consideration.                           



TRADEMARK INFRINGEMENT


The Process


Please note that the DMCA request is specifically for copyright infringements. However, MemberVault equally cares about making sure no one infringes on other intellectual property, such as trademarks.


If you want to file a claim for Trademark infringement with MemberVault against someone who is using MemberVault platform, then please make sure to email us at hello@membervault.co and use the following subject line for your email: “Trademark Infringement Notice”. 


Include the following information with your notice email:


1. Copy of your official Trademark registration certificate or registration number.

2. A signed statement from you that you’re the owner of the registered trademark or are tasked by the owner to report such matters as trademark infringements. 

3. Description of the trademark or service mark.

4. Identify the classes of goods and services for which you’re claiming there is trademark infringement. 


Please note, due to the nature of complexity of trademarks, MemberVault will honor infringement requests only if you have a federally registered trademark and can provide the proof for it. 


Please note that any and all evidence you send us will be shared with the person you’re claiming is infringing on your trademark. 

Updated – October 14th, 2020

Privacy Preference Center