DMCA Policy - GameFever

Copyright Infringement Policy

GameFever respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we have adopted a policy that provides for termination of users who are repeat infringers of copyright.

We will respond expeditiously to notices of alleged copyright infringement that are reported to our Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to our Designated Copyright Agent.

DMCA Compliance

GameFever complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, please notify us immediately.

Our Commitment

We have implemented a repeat infringer policy that provides for termination, in appropriate circumstances, of users who are repeat infringers of intellectual property rights. We reserve the right to terminate access to our service to any user who repeatedly infringes the copyrights of others.

Required Elements of a Copyright Infringement Notice

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. You may use the following template as a guide:

DMCA Takedown Notice Template

To submit a notice of claimed copyright infringement, please include the following information:

Identification of the copyrighted work: Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the infringing material: Identify the material that you claim is infringing and that you request to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the URL(s) where the material is located.
Your contact information: Provide your physical address, telephone number, and email address.
Statement of good faith belief: Include 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.
Statement under penalty of perjury: Include 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.
Physical or electronic signature: Provide your physical or electronic signature.

Important: Failure to include all of the above information may result in a delay in processing your DMCA notice.

Counter-Notice Procedure

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to the Designated Copyright Agent:

Counter-Notice Template

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 the material appeared before it was removed or access to it was disabled.
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 to be removed or disabled.
Your name, address, telephone number, and email address.
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 of the United States, for any judicial district in which GameFever may be found.
A statement that you will accept service of process from the person who provided notification of the alleged infringement.

Counter-Notice Process

Upon receipt of a valid counter-notice, we will promptly forward a copy to the person who filed the original notice. If the copyright owner disputes that the material was removed in error, they may pursue legal action against you. If we do not receive notice within 10-14 business days that the copyright owner is seeking legal action, we may replace the removed material.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, GameFever has adopted a policy of terminating, in appropriate circumstances and at GameFever's sole discretion, users or account holders who are deemed to be repeat infringers.

What Constitutes a Repeat Infringer

A "repeat infringer" is any user or account holder who has been the subject of more than one valid DMCA notice of copyright infringement. GameFever reserves the right to determine, in its sole discretion, what constitutes repeat infringement and to terminate access to the service to any user or account holder who is deemed to be a repeat infringer.

Consequences

If GameFever determines that a user is a repeat infringer, we may, in our sole discretion, terminate that user's access to all or part of the service without prior notice. Such termination may result in the permanent loss of access to user accounts and any associated data.

Fair Use Doctrine

GameFever acknowledges the doctrine of "fair use" as provided under United States copyright law. The fair use doctrine permits limited use of copyrighted material without requiring permission from the rights holders, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Fair Use Factors

In determining whether the use made of a work in any particular case is fair use, the factors to be considered include:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for or value of the copyrighted work

Content Licensing and Authorization

GameFever strives to host only content that is properly licensed or authorized for use. Many of the games on our platform are provided with permission from their developers or are available under open-source or Creative Commons licenses.

Developer Submissions

Game developers who submit their games to our platform represent and warrant that they own all rights to the content or have obtained all necessary permissions and licenses. By submitting content to GameFever, developers grant us a non-exclusive, worldwide, royalty-free license to display and distribute their games on our platform.

DMCA Copyright Policy