Digital Millennium Copyright Act (DMCA) Policy

Beemi (Qene Games Inc) respects the intellectual property rights of others and expects our users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and will respond to valid notices of copyright infringement.

1. DMCA Overview

The DMCA provides a legal process for copyright holders to request removal of infringing content from online platforms. This policy explains:

• How to file a DMCA takedown notice
• How we process copyright complaints
• How to file a counter-notification if you believe content was removed in error
• Our repeat infringer policy

2. Reporting Copyright Infringement

2.1 What Qualifies as Infringement

You may file a DMCA notice if you believe content on Beemi:

• Reproduces your copyrighted work without authorization
• Uses your protected images, graphics, or artwork
• Contains code or software you own without permission
• Includes audio or video you created
• Uses your trademarks in a way that infringes your rights

2.2 What Does NOT Qualify

DMCA notices are only for copyright infringement. Do not use DMCA for:

• Content you simply dislike or find offensive
• Privacy violations (use privacy@qenetech.com instead)
• Defamation or false information
• Trademark disputes unrelated to copyright
• Terms of Service violations (use support@beemi.app)

3. Filing a DMCA Takedown Notice

3.1 Required Information

To file a valid DMCA notice under 17 U.S.C. § 512(c)(3), you must include:

1. Your Contact Information:
   • Full legal name
   • Physical address
   • Email address
   • Phone number
2. Identification of Copyrighted Work:
   • Description of the work you claim is infringed
   • If multiple works: a representative list
   • Copyright registration number (if registered)
3. Identification of Infringing Material:
   • Specific URL(s) or location of the allegedly infringing content
   • Game ID or project name (if applicable)
   • Description of where the infringement appears
   • Screenshots or evidence (helpful but not required)
4. Good Faith Statement:

   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.

5. Accuracy Statement:

   A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

6. Physical or Electronic Signature:
   • Your handwritten signature on paper notices
   • Typed full legal name on electronic notices (e.g., "/s/ Jane Doe")

3.2 Where to Send DMCA Notices

3.3 DMCA Notice Template

4. Our Response Process

4.1 Initial Review

Upon receiving a DMCA notice, we will:

• Review the notice for completeness (within 1 business day)
• Verify it contains all required elements
• Request missing information if notice is incomplete
• Reject notices that are clearly invalid or abusive

4.2 Content Removal

For valid DMCA notices, we will:

• Promptly remove or disable access to the allegedly infringing content
• Notify the user who posted the content ("alleged infringer")
• Provide the alleged infringer with a copy of your DMCA notice
• Inform them of their right to file a counter-notification

Timeline: Content is typically removed within 24-48 hours of receiving a complete, valid notice.

4.3 Documentation

We maintain records of all DMCA notices and responses for legal compliance.

5. Counter-Notification (If Your Content Was Removed)

5.1 When to File a Counter-Notification

If you believe content was removed due to mistake or misidentification, you may file a counter-notification.

5.2 Required Information for Counter-Notification

Your counter-notification must include:

1. Your Contact Information:
   • Full legal name
   • Physical address
   • Email address
   • Phone number
2. Identification of Removed Content:
   • Description of the content that was removed
   • URL or location where it appeared before removal
3. Good Faith Statement:

   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. 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 outside the US, any judicial district where Beemi may be found), and that you will accept service of process from the person who provided the original DMCA notice or their agent.

5. Physical or Electronic Signature:
   • Your handwritten signature or typed full legal name

5.3 Counter-Notification Process

Send your counter-notification to:

What Happens Next:

1. We review your counter-notification for completeness
2. We forward it to the original copyright claimant
3. We wait 10-14 business days
4. If the claimant does not file a lawsuit and provide us with notice:
   • We restore your content
   • You are notified of restoration
5. If the claimant files a lawsuit:
   • Content remains removed
   • The dispute continues in court

6. Repeat Infringer Policy

6.1 Three-Strike Policy

In accordance with the DMCA, we have adopted a policy of terminating accounts of users who are repeat infringers.

• First Violation: Warning + content removal
• Second Violation: Temporary suspension (7-30 days) + content removal
• Third Violation: Permanent account termination

6.2 Factors Considered

When determining if someone is a repeat infringer, we consider:

• Number of valid DMCA notices received
• Severity of infringement
• Whether counter-notifications were filed (and their outcomes)
• User's cooperation in removing infringing content
• Evidence of willful or knowing infringement

6.3 Appeals

If your account is terminated, you may appeal by emailing legal@qenetech.com with evidence that:

• The DMCA notices were invalid or made in bad faith
• You successfully counter-notified and content was restored
• There were extenuating circumstances

7. Misrepresentation and Bad Faith

7.1 Consequences of False Claims

Under 17 U.S.C. § 512(f), anyone who knowingly materially misrepresents that:

• Material is infringing, or
• Material was removed or disabled by mistake

...shall be liable for damages, including costs and attorneys' fees.

7.2 Abusive DMCA Practices

We take abuse of the DMCA process seriously. Abusive practices include:

• Filing false notices to harass or censor others
• Claiming copyright on public domain or non-copyrightable material
• Submitting takedown notices for competitive purposes
• Mass-filing notices without proper investigation

Users who abuse the DMCA process may have their accounts terminated and face legal liability.

8. Additional Resources

8.1 Copyright Basics

Before filing a DMCA notice, consider:

• Fair Use: Some uses of copyrighted material are protected under fair use (commentary, criticism, news reporting, teaching)
• Public Domain: Works whose copyright has expired or never existed
• Creative Commons: Some works are licensed for reuse with proper attribution
• Transformative Use: Substantial modification may not be infringing

If you're unsure whether something is fair use, consult an attorney before filing.

8.2 Helpful Links

• US Copyright Office
• Fair Use Index
• DMCA Information

9. Trademark Disputes

This policy covers copyright under the DMCA. For trademark disputes:

• Email: legal@qenetech.com
• Subject: "Trademark Dispute"
• Include: Trademark registration, evidence of infringement, requested action

10. Questions and Contact

For general questions about this policy or copyright issues, email dmca@qenetech.com.