theSHFT respects intellectual property rights and complies with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512. This policy explains how copyright owners can submit takedown notices, how affected users can respond, and how we handle repeat infringers.
theSHFT acts as an online service provider as defined under 17 U.S.C. § 512(k) and qualifies for the safe harbor protections of § 512(c) for user-generated content. Our designated agent is registered with the U.S. Copyright Office.
The following is the designated agent to receive notifications of claimed infringement under the DMCA, registered with the U.S. Copyright Office:
Because theSHFT uses end-to-end encryption for direct messages, we cannot read, view, or take down the contents of private one to one or group direct messages, even when properly notified. We can act on content that is stored on our servers in readable form:
For end-to-end encrypted direct messages, our only enforcement action is to suspend or terminate the account of an alleged infringer who has been the subject of repeat valid DMCA notices regarding their public content, or where infringement is otherwise established.
If you believe content on theSHFT infringes your copyright, send a written notice to support@theshft.app containing ALL of the following, as required by 17 U.S.C. § 512(c)(3)(A):
Notices that do not meet ALL of these requirements may be ignored. Knowingly material misrepresentations in a DMCA notice may subject you to liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f).
Upon receipt of a notice that substantially complies with § 512(c)(3), we will:
If your content was removed and you believe the removal was a mistake or misidentification, you may submit a counter-notice pursuant to 17 U.S.C. § 512(g). Send to support@theshft.app a written communication containing:
Upon receipt of a valid counter-notice, we will forward it to the original complainant. If the original complainant does not notify us within ten (10) to fourteen (14) business days that they have filed suit seeking a court order to restrain the user from engaging in infringing activity, we may restore the removed material.
In accordance with 17 U.S.C. § 512(i), theSHFT has adopted and reasonably implemented a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. We consider a user a repeat infringer after three (3) valid, uncontested notices. We may, at our sole discretion and where the circumstances warrant, terminate accounts after fewer than three notices (for example, in cases of blatant or large-scale infringement) or extend leniency beyond three where a counter-notice succeeds.
We take seriously any abuse of the DMCA process, including the submission of notices in bad faith, the submission of notices without authority to act on behalf of the copyright owner, and the submission of notices for material that is not infringing. We may refuse to act on notices from parties who have submitted abusive or fraudulent notices in the past.
This policy does not address claims under non-U.S. copyright laws, trademark claims, right of publicity claims, defamation claims, or claims under other intellectual property regimes. For non-DMCA claims, contact support@theshft.app.
DMCA Notices: support@theshft.app
General Legal Inquiries: support@theshft.app
Website: https://theshft.app