DMCA & Copyright Policy
User-generated content is going to be the core of the next wave of gaming innovation. As part of this, it's important to ensure the intellectual property rights of all parties are protected and respected, and we require all Creators on our platform to do so. The Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act - 17 U.S.C section 512 ("DMCA"), sets out a process for rights holders to flag and address potential copyright infringement, and we have implemented this for the Tebex platform. This means we will fully respond to any notices that fully comply with applicable law in relation to alleged copyright infringement, and counter-notices thereof.
Our process including such notice forms is consistent with the DMCA, information about which can be located at https://www.copyright.gov.
Submitting a Complaint
Before submitting a copyright complaint, it is important to consider if there is a legal basis for the use of such content. This may include:
- Permissive open-source licenses
- Fair use
- Commercial rights-granting licenses
Under the DMCA, you may be liable for any damages, including costs, attorneys' fees etc occurred by Tebex or Creators we work with if you knowingly file a notice regarding materials that are not infringing such rights.
To submit a notice of claimed copyright infringement for content you own the copyright for, or if you have authority to act on behalf of the right holder, you will need to send a written notice to in the following format:
- A description of the copyrighted work that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
- Your name, postal address, telephone number, and email address;
- The following statement: "I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)";
- The following statement: "The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed"; and
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
The fastest way to get a response to such claims is to submit this form. By including all the details on the form, we can act on your notice as quickly as possible.
Under the DMCA rules, we are required to accept DMCA notices via post, however please note that the handling times of physical mail will result in much slower response times. Should you wish to mail your notice, our address is:
Tebex Limited
C/O Levy Cohen & Co
5.2 Central House
1 Ballards Lane
London
United Kingdom
N3 1LQ
Once we've received your notice, we will review it for accuracy, validity, and completeness. If your notice is valid, we will take action on your request - including removing impacted content from the website. We may additionally, particularly in the event of repeat or particularly egregious infringements, remove the Creator from our platform.
Please note that any time we remove content, we will notify both the Creator and the rights-holder of the content by email. This includes sending a copy of the original complaint. If you do not wish for your personal details to be shared with the creator, we recommend that you use an agent to file the notice for you.
I've received a DMCA notice, what should I do?
If we've advised you that we have received a DMCA notice in relation to content you have provided to us, then we will have already removed the content from our platform. It is against the law to attempt to re-offer such content to us without addressing the nature of the complaint.
If you believe the notice is invalid, that you have the rights to offer such content, or content was removed in error, you can file a counter-notice. This must comply with the DMCA requirements, and include the following:
- Contact Information: Your name, title (if acting as an agent), physical address, email address, and phone number;
- Content Identification: A reasonable identification of the material that has been removed or to which access has been blocked;
- Statement under Perjury: 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 mistake or misidentification of the material to be removed or disabled";
- Consent to Jurisdiction: One of following statements (as appropriate):
- If based in the United States: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my provided address is located"
- If based outside of the United States: “I consent to the jurisdiction of any United States Federal District Court in Delaware, New Castle county in which Tebex may be found"
- Consent to service of process: The following statement: “I will accept service of process from the person who provided the original notification or an agent of such person"; and
- Signature: An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
The fastest way to get a response to such claims is to send them to the email address of our registered DMCA agent - contentandsafety@tebex.io. By including all the details above directly in the text of the email, we can act on your notice as quickly as possible.
Under the DMCA rules, we are required to accept DMCA notices via post, however please note that the handling times of physical mail will result in much slower response times. Should you wish to mail your notice, our address is:
Tebex Limited
C/O Levy Cohen & Co
5.2 Central House
1 Ballards Lane
London
United Kingdom
N3 1LQ
Once we've received your notice, we will review it for accuracy, validity, and completeness. If your notice is valid, we'll forward your counter-notice (including all contact details) to the person who sent the original notice to us, and advise that the identified content will be reinstated in 15 working days.
If the person who sent the original notice still believes that the content is infringing, they are required to initiate legal proceedings. If we receive notice that such legal proceedings are being initiated, we will not re-instate the content under notice.
Termination of Creator Accounts - Strike Policy
If a Creator is found to be offering infringing content multiple times, attempts to re-offer infringing content without resolving the DMCA notice or otherwise engages in egregious infringements, we will terminate our relationship with that Creator.
If we terminate a Creator relationship due to DMCA, then it is not possible to appeal or request re-instatement.