Last Updated: May 2020
Ikuima-Music by Us (“Ikuima”, “we”, “our”, or “us”) respects the intellectual property of others, and we ask our users to do the same. Ikuima has adopted the following general policy (the “Policy”) to address claims of copyright infringement in accordance with the Digital Millennium Copyright Act.
If you identify any tracks on Ikuima that you believe infringe your copyright, you can let us know as set forth below. Before making a report concerning any possible copyright infringement, please review the entire Policy below carefully and the following points in particular:
This Policy relates to notices concerning copyright infringement only.
If you wish to make a different report or need to contact us regarding another issue, please disregard this Policy and email us through our contact page.
Please only report infringement of your own copyright, or the copyright of someone you are authorized to represent.
If you believe that someone else’s copyright is being infringed, please notify them and direct them to this Policy.
Please do not report copyright infringement unless you have a genuine claim.
If you make groundless or malicious reports of copyright infringement, you risk having your account suspended or terminated. You may also be liable for damages (including costs and legal fees) incurred by Ikuima, the person whose tracks you report and/or any copyright owner or authorized licensee, as the result of your claim.
Please provide sufficient and accurate information as set forth below.
FILING DMCA NOTICE TO REMOVE COPYRIGHTED CONTENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted content that you claim has been infringed and its location on the Ikuima platform (e.g. the URL).
A statement that you have a GOOD FAITH BELIEF that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For example, “I swear under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Your electronic or physical signature (may be a scanned copy).
Please note that a copy of your notice may be forwarded to the person responsible for uploading the alleged infringing content. Please do not include any information in your report other than the information required by the points above.
FILING DMCA COUNTER NOTIFICATION TO RESTORE REMOVED CONTENT
If you believe that your material has been removed by mistake or misidentification, please provide Ikuima with a written counter-notification containing the following information:
Your name, address, telephone number and email address.
A description of the content that was removed and its location on the Ikuima platform (e.g., the URL) where it previously appeared.
A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled because of mistake or misidentification.
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, any judicial district in which Ikuima may be found (which includes the United States District Court for the Northern District of Georgia), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
For example, “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification because I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right in the removed material, and that the information in this notification is accurate. I consent to the jurisdiction of the Federal District Court of [insert judicial district your address is located] and accept service of process from the person who filed the original DMCA notice or the agent of that person.”
Your electronic or physical signature (may be a scanned copy).
Please note that we will send any complete counter notifications we receive to the person or entity that submitted the original DMCA notice. Such person or entity may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide your counter notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.
IKUIMA’S COPYRIGHT AGENT
Please contact Ikuima’s Designated Agent to Receive Notification of Claimed Infringement or Counter-Notification, through our contact page or by mail at:
Ikuima-Music by Us
Redan, GA 30074
Please bear in mind that we can process claims submitted via email to copyright@Ikuimamusic.com much faster than those submitted to the above physical address.
REPEAT INFRINGER POLICY
Ikuima will terminate user accounts that have been the subject of two (2) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter notification, Ikuima will not count such DMCA notice.
Ikuima reserves the right to terminate user accounts that are the subject of fewer than TWO (2) DMCA notices, in its sole discretion and will do so if a user has a history of violating or willfully disregarding Ikuima’s Terms of Service.
When filing a DMCA notice or counter notification, please make sure that you have complied with all the above requirements. If we request additional information necessary to complete your DMCA notice or counter notification, please respond promptly. If you fail to comply with all these requirements, your DMCA notice or counter notification may not be processed further.
In addition, please make sure that all the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Ikuima may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney and review Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3). If you have questions about the legal requirements of a DMCA counter notification, please contact an attorney and review Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3).