DMCA Policy

RealPic LLC (“RealPic”) respects the intellectual property rights of others and expects its users to do the same. This policy describes how to submit a notice of claimed infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), how to submit a counter-notification, and how RealPic handles repeat infringers.

1. Designated Copyright Agent

RealPic has designated the following agent to receive notifications of claimed infringement under 17 U.S.C. § 512(c)(2). The agent is registered with the United States Copyright Office.

2. How to Submit a Takedown Notice

If you believe that material available on RealPic infringes your copyright, send a written notice to our designated agent by email at legal@realpic.io. Please include “DMCA” in the subject line of your email so we can route and respond to it promptly (for example: “DMCA Takedown Notice”). Postal submissions may be sent to the agent's address above.

To be effective under 17 U.S.C. § 512(c)(3)(A), your notice must include all of the following:

1. A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on the owner's behalf.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works.
3. 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, verification short code, or photo ID on RealPic).
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
5. 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.
6. 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.

Notices that do not substantially comply with all six requirements may not be effective to provide RealPic with actual knowledge of infringement.

3. Counter-Notification

If material you posted to RealPic was removed or disabled in response to a DMCA takedown notice and you believe the removal was the result of mistake or misidentification, you may submit a written counter-notification to our designated agent by email at legal@realpic.io with “DMCA” in the subject line (for example: “DMCA Counter-Notice”).

To be effective under 17 U.S.C. § 512(g)(3), your counter-notification must include all of the following:

1. Your physical or electronic signature.
2. 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.
3. 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.
4. Your name, address, and 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 RealPic may be found), and that you will accept service of process from the person who provided the original takedown notice, or an agent of that person.

If we receive a valid counter-notification, we will forward a copy to the party who submitted the original takedown notice. Unless that party notifies us within ten (10) business days that they have filed a court action seeking to restrain the allegedly infringing activity, we may restore the removed material in not less than ten (10) and not more than fourteen (14) business days following receipt of the counter-notice.

4. Repeat Infringer Policy

RealPic will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. We record a strike against an account each time we receive a valid DMCA takedown notice directed at content posted by that account, and we terminate accounts when the pattern of infringement warrants it, as determined by our review. Strikes, counter-notice outcomes, and termination decisions are tracked in our internal records.

5. Misrepresentation

Under 17 U.S.C. § 512(f), 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, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by the misrepresentation. Please do not submit a notice or counter-notice unless you genuinely believe its contents.