DMCA Policy

Last updated: January 1, 2024

1. Introduction

APKMate respects the intellectual property rights of others and expects its users and content partners to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), 17 U.S.C. § 512 (the "DMCA"), we have implemented the following policy for the prompt handling of notices of alleged copyright infringement and for the termination, in appropriate circumstances, of users who are repeat infringers.

This DMCA Policy is incorporated by reference into our Terms of Service and should be read in conjunction with our Copyright Notice. Capitalized terms used but not defined in this policy have the meanings assigned to them in our Terms of Service.

2. Designated Copyright Agent

APKMate has designated the following agent to receive notifications of claimed copyright infringement (DMCA Notices) and counter- notifications:

All DMCA notices and counter-notifications must be submitted to this designated agent. Please note that we may share your DMCA notice, including your contact information, with the user who posted the allegedly infringing content, and with third parties as required by law.

3. Filing a DMCA Notice of Copyright Infringement

If you believe in good faith that material available on APKMate infringes a copyright that you own or are authorized to enforce, you may send a written notification (a "DMCA Notice") to our Designated Copyright Agent containing the following information:

3.1 Required Elements of a DMCA Notice

1. Identification of the copyrighted work(s): A description of the copyrighted work you claim has been infringed. If your notice covers multiple copyrighted works, you may provide a representative list of such works. Include registration numbers if applicable.
2. Identification of the infringing material: A description of where the allegedly infringing material is located on our Service. You must provide reasonably sufficient information to enable us to locate the material, including the specific URL(s) of the page(s) containing the content.
3. Your contact information: Your full legal name, mailing address, telephone number, and email address.
4. Good faith statement: A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law (e.g., "fair use").
5. Accuracy statement and authorization: A statement by you, made under penalty of perjury, that: (a) the information in your notice is accurate, and (b) you are the copyright owner or are authorized to act on behalf of the copyright owner.
6. Your signature: Your physical signature or an electronic signature (typed name is generally sufficient).

3.2 Sample DMCA Notice Template

3.3 Filing Guidelines

• DMCA notices should be clear, concise, and complete. Incomplete notices may result in delayed processing.
• Please limit your notice to only the specific content that is allegedly infringing.
• If you are unsure whether the material infringes your copyright, we recommend consulting with legal counsel before filing a notice.
• 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, including costs and attorney's fees.

4. Action Upon Receipt of a Valid DMCA Notice

Upon receipt of a valid DMCA Notice that substantially complies with the requirements of the DMCA, we will take the following actions:

1. Prompt removal or disabling of access: We will promptly remove or disable access to the allegedly infringing material.
2. Notification to the user: We will notify the user who posted the material that their content has been removed or disabled and provide them with a copy of the DMCA Notice.
3. Forwarding of counter-notification: If the user submits a valid counter-notification, we will forward it to you.
4. Documentation and record keeping: We will maintain records of all DMCA notices and actions taken in accordance with applicable law.

5. Counter-Notification Procedure

If you believe that material you posted on our Service was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent.

5.1 Required Elements of a Counter-Notification

1. Your signature: Your physical or electronic signature.
2. Identification of the removed material: 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 disabled (the specific URL(s) or page(s)).
3. Good faith statement: 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.
4. Consent to jurisdiction: Your name, address, 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 the United States, for any judicial district in which APKMate may be found), and that you will accept service of process from the person who provided the original DMCA Notice or their agent.

5.2 Action Following a Counter-Notification

Upon receipt of a valid counter-notification, we will:

1. Provide the original complaining party with a copy of the counter-notification.
2. Inform the original complaining party that the removed or disabled material will be restored within 10-14 business days unless the complaining party files a court action seeking to restrain the user from engaging in infringing activity and notifies us of such action.
3. If we do not receive notice of a court action within the specified period, we will restore the removed or disabled material.

6. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, APKMate has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the access privileges of users who are deemed to be repeat infringers of copyright. A "repeat infringer" is a user who has been the subject of more than two valid DMCA notices of copyright infringement within a twelve-month period.

We reserve the right to terminate access to our Service for any user who, in our sole discretion, is believed to be infringing the intellectual property rights of others, regardless of the number of notices received. We also reserve the right to remove or disable access to any material that is the subject of a valid DMCA notice.

7. Limitation of Liability

APKMate operates as a service provider under the DMCA safe harbor provisions (17 U.S.C. § 512(c)). We do not host, store, or distribute APK files on our servers. Instead, our Service indexes and organizes publicly available information about Android applications and provides links to third-party download sources.

We have implemented and will maintain the following DMCA compliance measures:

• Designated a Copyright Agent registered with the U.S. Copyright Office.
• Published and implemented a repeat infringer termination policy.
• Accommodated and not interfered with standard technical measures used to identify and protect copyrighted works.
• Acted expeditiously to remove or disable access to infringing material upon receipt of a valid DMCA notice.

8. Misrepresentations and Liability

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that:

• Material or activity is infringing (in a DMCA Notice), or
• Material or activity was removed or disabled by mistake or misidentification (in a Counter-Notification),

shall be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, as a result of reliance on such misrepresentation. We reserve the right to seek damages from any party that submits a knowingly false DMCA notice or counter-notification.

9. Contact Information

All DMCA-related correspondence should be directed to our Designated Copyright Agent:

• For DMCA infringement notices: [email protected]
• For general copyright inquiries: [email protected]

We aim to respond to all valid DMCA notices within 2-3 business days of receipt. Please allow up to 5 business days for responses during periods of high volume.