DMCA Notices and Counter-Notices

Better Athlete respects the intellectual property rights of others and expects users of our services to do the same. Under the Digital Millennium Copyright Act (DMCA), if you believe content hosted on a Better Athlete service infringes a copyright you own or control, you may send a notice to our designated agent.

Designated DMCA Agent

What your notice must include

For your notice to be effective under §512(c)(3) of the DMCA, it must include all of the following:

• 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 are covered.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including the URL or other location on a Better Athlete service.
• Your contact information — full name, address, phone number, and email address.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

How we handle valid notices

When we receive a notice that meets the requirements above, we will expeditiously remove or disable access to the identified material and notify the user who provided it. We will also send a copy of the notice to that user, with their right to submit a counter-notice.

Counter-notices

If you believe content you provided was removed in error, you may submit a counter-notice to the same designated agent above. Your counter-notice must include the elements specified in §512(g)(3) of the DMCA, including a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification. If we receive a valid counter-notice and the original complainant does not file an action seeking a court order against you within ten to fourteen business days, we will restore the material.

Repeat infringers

Better Athlete maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat copyright infringers. A first verified DMCA notice results in a warning and removal of the content. A second verified notice within twelve months results in a thirty-day account suspension. A third verified notice within twelve months results in account termination.

False notices

Under §512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing — or that material was removed or disabled by mistake or misidentification — may be liable for damages. Please do not send a notice unless you have a good-faith basis to do so.