DMCA Policy & Takedown Procedure

This DMCA Policy & Takedown Procedure ("Policy") outlines PixoraHub.com's ("PixoraHub" or "Platform") approach to addressing copyright infringement claims in accordance with international best practices, including principles similar to those of the Digital Millennium Copyright Act (DMCA) for content hosted online. By using PixoraHub, you ("User," "You," or "Your") agree to comply with this Policy, which is integral to our commitment to protecting intellectual property rights globally. While PixoraHub operates from Mozambique, we aim to provide a universally clear and accessible procedure for all our users and rights holders worldwide.

1. Introduction

PixoraHub is a next-generation Microstock Marketplace dedicated to empowering creatives and businesses. We deeply respect the intellectual property rights of creators and are committed to ensuring that content on our platform is properly licensed or legally permissible. This document details our procedure for reporting alleged copyright infringement and how such claims are handled.

2. What is Copyright Infringement?

Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. This Policy specifically addresses concerns related to copyright infringement on the PixoraHub platform.

3. Reporting Copyright Infringement (Takedown Notice)

If you are a copyright owner or an agent authorized to act on behalf of one, and you believe that Content on PixoraHub infringes your copyright, you may submit a formal notification of claimed infringement ("Takedown Notice"). Please send your notice to our Designated Agent for copyright claims at the contact information provided below.

3.1. Designated Agent Contact Information

Please send your Takedown Notice to:

PixoraHub.com Legal Department (DMCA Agent)

Email: legal@pixorahub.com

Subject: DMCA Takedown Request

Please note: For legal efficiency, submitting notices via email to the designated address is highly recommended.

3.2. Requirements for a Valid Takedown Notice

To be effective, your Takedown Notice must be a written communication that includes substantially the following:

1. Identification of the Copyrighted Work: A clear and sufficient description of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list of such works.
2.  
3. Identification of the Allegedly Infringing Material: A clear and sufficient identification of the Content on PixoraHub that you claim is infringing, including its URL(s) or other specific identifying information that allows us to locate the material on the Platform.
4.  
5. Your Contact Information: Your full legal name, mailing address, telephone number, and email address.
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7. Statement of Good Faith Belief: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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9. Statement of Accuracy and Authority: A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
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11. Electronic or Physical Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
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3.3. Important Considerations for Submitting a Notice

• Accuracy: Providing false or misleading information in your Takedown Notice may result in civil liabilities, including damages and legal fees.
• Scope: This procedure is solely for copyright infringement claims. For other legal concerns, please contact support@pixorahub.com.
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4. PixoraHub's Actions Upon Receipt of a Valid Takedown Notice

Upon receipt of a valid and complete Takedown Notice, PixoraHub will:

1. Promptly review the complaint to ensure it meets all specified requirements.
2. Remove or disable access to the allegedly infringing Content.
3. Notify the Contributor whose Content has been removed or disabled, providing them with a copy of the Takedown Notice (excluding personal contact information of the complainant).
4. Maintain a record of all Takedown Notices and corresponding actions.
5.  

5. Counter-Notification Procedure

If your Content has been removed or disabled by PixoraHub in response to a Takedown Notice, and you believe that the Content was removed due to a mistake or misidentification of the material, you have the right to submit a counter-notification.

5.1. Requirements for a Valid Counter-Notification

To be effective, your counter-notification must be a written communication that includes substantially the following:

1. Identification of the Removed Material: Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or disabled (e.g., URL).
2.  
3. Statement of Good Faith Belief: 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.
4.  
5. Your Contact Information: Your full legal name, mailing address, telephone number, and email address.
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7. Consent to Jurisdiction and Service of Process: A statement that you consent to the jurisdiction of the courts located in Maputo, Mozambique, and that you will accept service of process from the person who provided the original Takedown Notice or an agent of such person.
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9. Electronic or Physical Signature: Your electronic or physical signature.
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5.2. PixoraHub's Actions Upon Receipt of a Valid Counter-Notification

Upon receipt of a valid and complete counter-notification, PixoraHub will:

1. Promptly provide a copy of the counter-notification to the original complaining party.
2. Inform the complaining party that the removed Content may be replaced or access to it restored in 10 to 14 business days unless the complaining party files a court action seeking an injunction against the Contributor.
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4. Restore the removed Content (or enable access to it) after 10 to 14 business days, unless we receive notice that the complaining party has filed an action seeking a court order to restrain the Contributor from engaging in infringing activity related to the Content on PixoraHub.
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6. Repeat Infringers Policy

PixoraHub is committed to terminating the accounts of users and Contributors who are determined to be repeat infringers of copyright. PixoraHub reserves the right to terminate accounts that have been identified multiple times for infringing activities, at its sole discretion.

7. Misrepresentations

Any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by PixoraHub, as a result of such misrepresentation.

8. Disclaimer

PixoraHub acts as a service provider and does not actively monitor all Content uploaded by Contributors. Our role is limited to promptly removing allegedly infringing material when a valid Takedown Notice is received. We are not responsible for the content uploaded by our users.

9. Governing Law and Jurisdiction

This Policy shall be governed by and construed in accordance with the laws of the Republic of Mozambique, without regard to its conflict of law principles. Any disputes arising under this Policy shall be subject to the exclusive jurisdiction of the courts located in Maputo, Mozambique.

10. Amendments

PixoraHub reserves the right to modify this DMCA Policy & Takedown Procedure at any time. We will notify you of any material changes by posting the updated Policy on our Platform or by email. Your continued use of PixoraHub after such modifications constitutes your acceptance of the revised Policy.

Pixorahub.com

Maputo – Mozambique

Email: support@pixorahub.com

Phone: +258 86 801 1172