DMCA Policy

Overview

Upmos Inc (“Company,” “we,” “our,” or “us”) respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property very seriously. This DMCA Policy describes how we handle copyright infringement claims under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

What is the DMCA?

The DMCA is a U.S. federal law that establishes procedures for reporting and removing copyrighted material from online services. It provides:

• Safe Harbor Protection for online service providers who comply with DMCA procedures
• Takedown Procedures allowing copyright owners to request removal of infringing content
• Counter-Notice Rights allowing users to dispute removal of their content
• Repeat Infringer Termination requirements for platforms to terminate repeat infringers

DMCA Agent Registration

Upmos Inc has registered its DMCA Designated Agent with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c)(2). Our registration is maintained and renewed as required under 37 C.F.R. § 201.38. You may verify our registration at the U.S. Copyright Office DMCA Designated Agent Directory.

Standard Technical Measures

In accordance with 17 U.S.C. § 512(i)(1)(B), Upmos accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works. “Standard technical measures” are those developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process, are available to any person on reasonable and nondiscriminatory terms, and do not impose substantial costs on service providers or substantial burdens on their systems or networks.

No Obligation to Monitor

Consistent with 17 U.S.C. § 512(m), nothing in this DMCA Policy shall be construed to impose an obligation on Upmos to monitor its Service for infringing activity or to affirmatively seek facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with § 512(i).

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How to Report Copyright Infringement

If you believe content on Upmos infringes your copyright, you may submit a DMCA takedown notice to our designated agent.

Required Information in Your Notice

Your DMCA notice must include:

1. Identification of Copyrighted Work

• Description of the copyrighted work(s) you own
• If multiple works, a representative list
• Proof of copyright registration (optional but helpful)

2. Identification of Infringing Material

• Specific URL(s) or location(s) of the infringing content
• Description of the infringing material and how it infringes your work
• Explanation of why this use is not authorized

3. Your Contact Information

• Your full legal name (not pseudonym)
• Physical address
• Telephone number
• Email address

4. Statement of Good Faith Belief
Include this statement (or substantially similar):

“I have a good faith belief that the use of the copyrighted material described above on the Service is not authorized by the copyright owner, its agent, or the law.”

5. Perjury Statement
Include this statement (or substantially similar):

“I swear, under penalty of perjury, that the information in this notice is accurate, and I am the copyright owner or authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”

6. Physical or Electronic Signature

• Your legal signature or electronic signature

Fair Use Consideration (Required)

How to Submit Your Takedown Notice

Send your complete DMCA takedown notice to our designated agent via:

Email (Preferred): dmca@upmos.com with subject line “DMCA Takedown Notice”

Mail:
Upmos Inc
Attn: DMCA Agent
9896 Bissonnet St
Houston, TX 77036
United States

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UPMOS Response to Takedown Notices

Upon receipt of a valid DMCA takedown notice, we will:

Step 1: Acknowledge Receipt (Within 24 hours)

• Confirm receipt of your notice
• Assign a case number for tracking
• Provide timeline for action

Step 2: Investigate (24-48 hours)

• Review the notice for completeness
• Verify claims made in the notice
• Gather relevant content information

Step 3: Remove or Disable Content (Immediate upon validation)

• Remove or disable access to the allegedly infringing content
• Send notification to the content uploader
• Inform them of their right to submit a counter-notice

Step 4: Notify the User

• Provide the DMCA notice information
• Explain their counter-notice rights
• Provide timeline for counter-notice submission

Processing Timeline

Partial Infringement

Where only a portion of a listing, page, or uploaded content contains allegedly infringing material (for example, one image within a product listing), Upmos will make reasonable efforts to remove or disable access only to the specific infringing element(s) identified in the DMCA notice, rather than the entire listing or page. However, if the infringing material cannot be separated without materially affecting the remaining content, the entire listing or page may be removed or disabled.

Content Preservation

Content that is removed or disabled pursuant to a DMCA takedown notice will be preserved by Upmos for a minimum of 90 days. During this period, if a valid counter-notice is filed and the content is eligible for restoration under § 512(g), the original content will be restored. After 90 days, removed content may be permanently deleted from our systems. Users are encouraged to maintain their own backups of any content uploaded to the Service.

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How to File a Counter-Notice

If your content was removed or disabled and you believe it does not infringe copyright, you may file a counter-notice.

Requirements for a Valid Counter-Notice

Your counter-notice must include:

1. Identification of Content

• The URL(s) or location(s) of the removed/disabled content
• Identification of the specific content you are disputing

2. Statement of Mistake or Misidentification
Include this statement (or substantially similar):

“I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. I did not create infringing content and have the right to use this material.”

3. Your Contact Information

• Your full legal name
• Your address
• Your telephone number
• Your email address

4. Jurisdiction and Service Consent
Include this statement (or substantially similar):

“I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or if outside the U.S., the Southern District of Texas in Harris County). I will accept service of process from the person who submitted the DMCA notice or their agent.”

5. Good Faith Certification
Include this statement (or substantially similar):

“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.”

6. Signature

• Your legal signature or electronic signature

How to Submit Your Counter-Notice

Send your complete counter-notice to our designated agent via:

Email (Preferred): dmca@upmos.com with subject line “DMCA Counter-Notice”

Mail:
Upmos Inc
Attn: DMCA Agent
9896 Bissonnet St
Houston, TX 77036
United States

Important Legal Notice

Filing a counter-notice is a legal proceeding. By submitting a counter-notice, you state under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification. False statements may subject you to liability for damages, including costs and attorneys’ fees, and potential perjury charges.

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Our Response to Counter-Notices

Upon receipt of a valid counter-notice that complies with 17 U.S.C. § 512(g)(3):

Step 1: Forward to Copyright Claimant (Within 48 hours)

• We provide a copy of your counter-notice to the person who filed the original DMCA takedown notice
• They are informed of the counter-notice procedures

Step 2: Waiting Period (10-14 business days)

• We inform the copyright claimant we will restore your content in 10-14 business days unless they file a court action
• This allows time for legal resolution between parties

Step 3: Content Restoration or Legal Hold

• If no lawsuit is filed: We restore access to your content within 10-14 business days
• If lawsuit is filed: Content remains disabled pending court resolution; we notify you of legal action

Step 4: Notification

• You receive email notification of the outcome
• Instructions provided for content restoration (if applicable)

Important Disclaimers

• Upmos Inc is not a party to disputes between copyright claimants and users
• We act as a neutral intermediary following DMCA procedures
• Legal disputes must be resolved directly between parties or through courts
• We do not provide legal advice; consult an attorney if unsure of your rights

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Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i)(1)(A), Upmos has adopted and reasonably implements a policy that terminates user accounts and seller privileges of repeat infringers.

Three-Strike System

What Counts as an Infringement

An infringement is counted when:

• A valid DMCA takedown notice is received and processed
• User does not file a counter-notice, or counter-notice is rejected/withdrawn
• If counter-notice filed and copyright claimant sues, infringement counted only if court rules against user

Counter Reset Policy

Important: Infringement counts DO NOT expire. All verified copyright violations remain on your account permanently and contribute to the three-strike system.

Seller Responsibility

Third-party sellers are responsible for ensuring all uploaded content (listings, images, descriptions, etc.) does not infringe intellectual property rights of others. Repeated violations result in permanent loss of seller privileges and potential legal liability.

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Penalties for Misrepresentation

The DMCA provides serious penalties for knowingly making false statements in DMCA notices or counter-notices.

False Takedown Notices

Under 17 U.S.C. § 512(f), persons who knowingly misrepresent that material is infringing may be liable for:

• Actual damages suffered by the alleged infringer
• Costs and attorneys’ fees incurred
• Potential statutory damages
• Possible criminal prosecution

False Counter-Notices

Persons who knowingly misrepresent that material was removed by mistake may be liable for:

• Actual damages suffered by copyright owner
• Costs and attorneys’ fees
• Potential criminal penalties for perjury

Upmos Enforcement

Upmos reserves the right to:

• Terminate accounts of users who repeatedly submit false DMCA notices
• Permanently ban users who submit fraudulent counter-notices
• Cooperate with law enforcement in suspected fraud/perjury cases
• Refer cases to legal authorities where appropriate

Before You Submit

IMPORTANT: Carefully consider whether you have a legitimate claim before submitting any DMCA notice or counter-notice. DMCA procedures are legal processes with serious consequences. If uncertain about your rights, consult with a qualified intellectual property attorney.

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Related Policies & Information

For comprehensive information about intellectual property and our practices:

Intellectual Property

• Terms of Use
• IP Protection Policy
• Seller Agreement

Legal Policies

• Acceptable Use Policy
• Disclaimer
• Privacy Policy

Marketplace Guidelines

• Product Listing Guidelines
• Prohibited Products
• Seller Performance Standards

Governing Law

This DMCA Policy shall be governed by and construed in accordance with the laws of the State of Texas and applicable federal law, including the Digital Millennium Copyright Act, 17 U.S.C. § 512. Any legal action or proceeding arising under or related to this DMCA Policy shall be brought exclusively in the federal or state courts located in Harris County, Texas, and the parties irrevocably consent to personal jurisdiction and venue therein.

To the extent there is any conflict between this DMCA Policy and 17 U.S.C. § 512, the statutory provisions shall control. Nothing in this Policy shall be construed to limit or waive any rights or protections available under the DMCA or other applicable law.

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Record Retention

Upmos retains records related to DMCA proceedings in accordance with the following retention schedule:

Records may be retained for longer periods if required by law, ongoing litigation, regulatory investigation, or other legal obligation. All DMCA-related records are stored securely and access is limited to authorized personnel.

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Policy Modifications & Notifications

Upmos reserves the right to modify this DMCA Policy at any time to reflect changes in law, best practices, or our operational procedures.

How We Notify You of Changes

• Material Changes: For significant modifications to this Policy (such as changes to the designated agent, notice procedures, or repeat infringer policy), we will post a prominent notice on our website and update the “Last Updated” date at the top of this page
• Minor Changes: Non-material changes (such as formatting, grammar corrections, or clarifications that do not alter legal obligations) may be made without advance notice
• Effective Date: All changes become effective on the date posted unless otherwise specified

Continued use of the Service after changes are posted constitutes your acceptance of the revised DMCA Policy. We encourage you to review this Policy periodically to stay informed of any updates.

The version history of this Policy is tracked. The current version number and last updated date are displayed at the top of this page.

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Severability

If any provision of this DMCA Policy is found to be unenforceable, invalid, or prohibited by applicable law, that provision shall be limited or eliminated to the minimum extent necessary so that this DMCA Policy shall otherwise remain in full force and effect and enforceable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of this Policy.

In the event that any provision is deemed invalid as written, it shall be construed, to the greatest extent consistent with applicable law, to achieve the objectives of the original provision.

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International Copyright

While the DMCA is a United States federal statute, Upmos respects intellectual property rights globally and endeavors to address copyright concerns from international copyright holders.

International Treaties & Frameworks

Upmos recognizes the following international intellectual property frameworks:

• Berne Convention for the Protection of Literary and Artistic Works — Provides automatic copyright protection across 181 member countries without formal registration
• WIPO Copyright Treaty (WCT) — Extends copyright protections to the digital environment
• WIPO Performances and Phonograms Treaty (WPPT) — Protects performers and producers of phonograms in the digital space
• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) — Sets minimum standards of IP protection among WTO members

Filing International Claims

Copyright holders located outside the United States may submit DMCA takedown notices using the same procedures described in Section 2 of this Policy. Additionally:

• Notices must be submitted in English
• International claimants must identify the country of origin of the copyrighted work
• Proof of copyright ownership under local law is helpful but not required (consistent with the Berne Convention’s principle of automatic protection)
• Counter-notices from international users must consent to jurisdiction of the Southern District of Texas or the claimant’s local federal district court, as described in Section 4

Upmos will process international copyright claims in accordance with U.S. law (17 U.S.C. § 512) and applicable international treaties to which the United States is a party.

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