DMCA Policy
iPixel Media LLC ("CrateDrive") respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. This policy explains how to report copyright infringement on the Service and how we respond.
1. Designated DMCA Agent
We have designated the following agent to receive notifications of claimed copyright infringement under the DMCA:
Designated Agent: Jack Cotto iPixel Media LLC 15106 Barby Ave., Tampa, FL 33625 Email: dmca@cratedrive.com Phone: (813) 666-7622
2. Reporting Alleged Copyright Infringement (DMCA Notice)
If you believe in good faith that content on the Service infringes your copyright, please send a written notice to our Designated Agent at the address above containing the following information (per 17 U.S.C. § 512(c)(3)):
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
- Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works at a single site are covered by a single notification);
- 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 us to locate the material (such as the URL of the share link or the file name);
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
- A statement that you have 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; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Important: Section 512(f) of the DMCA provides that knowingly making material misrepresentations in a DMCA notice can subject you to liability for damages. Do not send a notice for material you do not actually believe in good faith is infringing.
3. Our Response to DMCA Notices
Upon receipt of a properly formatted DMCA notice, we will:
- Remove or disable access to the material identified as infringing, expeditiously;
- Notify the user who uploaded the material that we have removed or disabled access to it, and provide them with a copy of the notice;
- Inform the user that they may submit a counter-notice (see Section 4).
If we believe the notice is invalid or incomplete, we may request additional information or decline to act.
4. Counter-Notice Procedure
If you are a CrateDrive user whose content has been removed in response to a DMCA notice, and you believe in good faith that the content was removed in error or as a result of misidentification, you may submit a counter-notice to our Designated Agent containing:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before removal;
- 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;
- Your name, address, and telephone number;
- 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 CrateDrive may be found), and that you will accept service of process from the person who filed the original DMCA notice or an agent of such person.
If we receive a valid counter-notice, we will forward it to the original complainant and inform them that we will restore the removed content in 10–14 business days unless they file a court action seeking a restraining order against you in that period. If no such action is filed, we will restore the content.
Important: Section 512(f) of the DMCA provides that knowingly making material misrepresentations in a counter-notice can subject you to liability for damages. Do not submit a counter-notice for material you do not in good faith believe was removed in error.
5. Repeat Infringer Policy
CrateDrive will, in appropriate circumstances, terminate the accounts of users who are repeat infringers of copyright. A "repeat infringer" is a user who has received three or more valid DMCA notices that have not been successfully countered, within any 12-month period. We may terminate at a lower threshold for users whose conduct demonstrates a pattern of willful infringement.
Termination decisions are made at our sole discretion and may be appealed by emailing support@cratedrive.com.
6. Reservation of Rights
We reserve the right, in our sole discretion, to:
- Remove or disable access to any material we believe in good faith infringes a third party's rights, even in the absence of a formal DMCA notice;
- Terminate accounts for repeat infringement or any violation of our Terms of Service;
- Take any other action we deem appropriate to protect intellectual property rights.
7. Trademark and Other IP Claims
For claims of trademark, trade secret, right of publicity, or other (non-copyright) intellectual property violations, please email support@cratedrive.com with the following information:
- Identification of the intellectual property right claimed to have been violated;
- Identification of the material on the Service that you claim violates that right, with information sufficient to locate it;
- Your contact information;
- A statement that you have a good faith belief that the use is unauthorized;
- A statement, under penalty of perjury, that the information you have provided is accurate and that you are authorized to act on behalf of the rights holder.
8. Updates to This Policy
We may update this DMCA Policy from time to time. The "Last updated" date at the top reflects the most recent revision.
9. Contact
Designated DMCA Agent:
Jack Cotto iPixel Media LLC 15106 Barby Ave., Tampa, FL 33625 Email: dmca@cratedrive.com Phone: (813) 666-7622
For all other inquiries: support@cratedrive.com.