Copyright Infringement and DMCA Takedown Policy

Smarkup has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”).

Submitting a DMCA Notification:

If you believe that Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:

  • Identification of the work or material being infringed.
  • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Smarkup is capable of finding it and verifying its existence.
  • Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address.
  • A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Smarkup will respond to valid DMCA requests within 10 days. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us again at support@smarkup.com confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.

Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

In an effort to be transparent in removing or restricting access to user-uploaded content, Smarkup may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.

After removing access to the material pursuant to a valid DMCA notice, Smarkup will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.

Smarkup reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.

Submitting a DMCA Counter-Notification:

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Smarkup by providing the following information to the Designated Agent at the address above:

  • The specific URLs of material that Smarkup has removed or to which Smarkup has disabled access.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the competent jurisdiction for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Your signature.

Upon receipt of a valid counter-notification, Smarkup will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Smarkup does not receive any such notification within ten (10) days, we may restore the material to the Services.

How to Submit a Notification

Please send your copyright notices to our email support@smarkup.com