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DMCA Policy

DMCA Policy

Apgar Lookout is committed to complying with U.S. copyright law, including the Digital Millennium Copyright Act (DMCA). This policy outlines the procedures for copyright holders to report alleged infringement and for users to submit counter-notifications if their content has been wrongfully removed. We respect the intellectual property rights of others and expect our users to do the same.

Filing a DMCA Notice of Infringement

If you are a copyright owner or an agent thereof and believe that any content hosted on Apgar Lookout infringes upon your copyrights, you may submit a written DMCA Notice of Infringement to our Designated Agent. Your notice must include substantially the following information:

  1. 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.
  2. 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 Apgar Lookout to locate the material. Providing URLs in the body of your email is the best way to help us locate content quickly.
  3. Information reasonably sufficient to permit Apgar Lookout to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  4. 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.
  5. 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.
  6. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Please be aware that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Do not make false claims.

Filing a DMCA Counter-Notification

If you believe that material you posted on Apgar Lookout was removed or access to it was disabled by mistake or misidentification, you may submit a written counter-notification to our Designated Agent. Your counter-notification must include substantially the following information:

  • 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.
  • Your name, address, telephone number, and email address.
  • 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 Apgar Lookout may be found, and that you will accept service of process from the person who provided the initial DMCA notification or an agent of such person.
  • 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 physical or electronic signature.

Upon receipt of a valid counter-notification, we will forward a copy to the original complaining party. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access restored in 10 to 14 business days or more after receipt of the counter-notification.

Designated Agent

All DMCA notices of infringement and counter-notifications should be sent to Apgar Lookout's Designated Agent for DMCA purposes via our contact page.