DMCA

1. Purpose

This section explains how Think Hard handles claims of copyright infringement under the U.S. Digital Millennium Copyright Act (DMCA) and similar takedown or counter-notification processes. It gives step-by-step instructions for submitting a DMCA takedown notice or a DMCA counter-notice, sample templates you can copy, and our repeat-infringer policy.

Note: This is a policy template and not legal advice. If you need legally binding language or tailored counsel, consult an attorney.

2. Designated Copyright Agent (placeholder)

To ensure timely handling, Think Hard designates a Copyright Agent to receive DMCA notices. Replace the placeholders below with your actual contact details before publishing.

Designated Copyright Agent
Think Hard (operating as Think Bengal)
Email: copyright@thinkhard.example
Physical mail: [Name of Agent], [Street Address], [City], [State/Province], [ZIP/Postal Code], [Country]
Phone (optional): +[country code][number]

We recommend registering your designated agent with the U.S. Copyright Office if you will rely on U.S. DMCA protections.

3. How to submit a DMCA takedown notice

To file a claim of copyright infringement, please provide a written notice that includes all of the following elements (these are the minimum elements required by Section 512(c)(3) of the DMCA):

1. Your physical or electronic signature.
2. Identification of the copyrighted work you claim has been infringed (or a representative list if multiple works).
3. Identification of the material on Think Hard that you claim is infringing — include exact URLs or other precise location information.
4. Your contact information: full name, mailing address, telephone number, and email address.
5. A statement of good faith: a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement of accuracy and authority: a statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
7. Signed statement: a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf.

Important: If you send a takedown by email, include a clear electronic signature (typed name is often accepted) and, if requested, be prepared to provide additional verification (e.g., registration documentation).

4. How to file a DMCA counter-notice

If you believe content removed or disabled by a DMCA takedown was removed in error (e.g., you have a license or the use is permitted), you may send a counter-notice containing the following:

1. Your physical or electronic signature.
2. Identification of the material removed and the location(s) where it appeared before removal (URLs).
3. A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your contact information: name, address, telephone number, and email address.

Consent to jurisdiction: 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 U.S., the Federal District Court for the District of Columbia), and that you will accept service of process from the person who provided the original DMCA notice.

5.What happens after a counter-notice?

If Think Hard receives a valid counter-notice, we will forward it to the party who submitted the original takedown. In accordance with DMCA procedures, we may restore the material within a statutory period (commonly 10–14 business days) unless the claimant files a court action to restrain the alleged infringer. (This is a summary of typical practice; actual responses may vary depending on jurisdiction and circumstances.)

6. Repeat infringer policy

Think Hard reserves the right to terminate, suspend, or restrict access to accounts or services of users who are repeat infringers of copyright. Determinations about repeat infringers will be made at Think Hard’s reasonable discretion and in compliance with applicable law.

7. How Think Hard responds to notices

• We review every properly submitted claim and may remove or disable access to allegedly infringing content while we evaluate the notice.
• When we remove content we will, where practicable, notify the user who posted the content and provide information about how to submit a counter-notice.
• We will comply with applicable laws and may disclose information (such as account details) to the complaining party or to courts if required by court order or otherwise compelled by law.

8. International & other rights-holder notices

If you are a rights holder outside the U.S., the above process is still a recommended way to notify us. We will handle all notices in good faith even if the sender is outside the U.S., but local laws may also apply. For non-DMCA jurisdictions you may also provide local legal process.

9. Privacy & recordkeeping

We may retain records of notices, counter-notices, and related correspondence. We will handle personal data consistent with our Privacy Policy. By submitting a notice or counter-notice you authorize Think Hard to retain and use the information contained in it for processing the claim.

10. Final notes & effective date

Effective Date: [08/27/2025] — replace with the date you publish this page.

If you want, I can:

• Convert this to HTML for immediate embedding on your site, or
• Insert this into your Terms & Conditions page styling, or
• Replace placeholders with your actual designated agent information.