MyTipCalc.com (the “Website”) is dedicated to providing an exceptional user experience by offering a free, easy-to-use tip calculator tool. We respect the intellectual property rights of others and are committed to complying with all applicable copyright laws.
This Digital Millennium Copyright Act (“DMCA”) Notice and Takedown Policy outlines the steps we take to protect the intellectual property rights of others, as well as the process for addressing alleged copyright infringement on our Website. Please read this policy carefully to understand your rights and obligations.
II. Notice and Takedown Procedure
If you are a copyright owner or an agent thereof and believe that any content hosted on MyTipCalc.com infringes upon your copyrights, you may submit a written notification pursuant to the DMCA by providing our Designated Agent (as set forth below) with the following information:
- 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 at that site.
- 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.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your written notification to the following Designated Agent:
[The Doers Firm] [email@example.com]
III. Counter-Notification Procedure
If you believe that the material that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a counter-notification containing the following information to our Designated Agent:
- 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 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 of the material to be removed or disabled.
- 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 MyTipCalc.com may be found, and that you will accept service of process from the person who provided the original notification of alleged copyright infringement or an agent of such person.
If a counter-notification is received by our Designated Agent, MyTipCalc.com may send a copy of the counter-notification to the original complaining party, informing that person that MyTipCalc.com may replace the removed material or cease disabling access to it in 10 business days. Unless
the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notification, at MyTipCalc.com’s sole discretion.
IV. Repeat Infringers
In accordance with the DMCA and other applicable laws, MyTipCalc.com has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
V. Warranty and Indemnification
By submitting a DMCA notice or counter-notification, you warrant and represent that the information contained therein is accurate and that you are either the copyright owner, or are authorized to act on their behalf. You also agree to indemnify and hold MyTipCalc.com, its owners, operators, affiliates, and employees, harmless from any claim, demand, or damage, including attorneys’ fees, made by any third party due to or arising out of your breach of this representation and warranty.
VI. Modifications to this DMCA Notice and Takedown Policy
MyTipCalc.com reserves the right to modify this DMCA Notice and Takedown Policy at any time, without prior notice. Changes will be posted on this page, and your continued use of the Website following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review this policy periodically to stay informed about any modifications.
This DMCA Notice and Takedown Policy shall be governed by and construed in accordance with the laws of the United States and the state in which MyTipCalc.com is located, without giving effect to any principles of conflicts of law. Any legal action or proceeding between MyTipCalc.com and you related to this policy shall be brought exclusively in a court of competent jurisdiction located in the state where MyTipCalc.com is located.
If any provision of this policy is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the policy shall remain in full force and effect.
VIII. Contact Information
If you have any questions or concerns regarding this DMCA Notice and Takedown Policy or your dealings with the Website, please contact us at:
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