theSHFT LLC respects intellectual property rights and responds to notices of claimed copyright infringement under the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. 512. This policy explains how copyright owners can send a notice, how users can send a counter notice, and how we handle repeat infringers. It is part of our Terms of Service.

1. OUR SERVICE AND THE SAFE HARBOR

theSHFT LLC is a service provider within the meaning of 17 U.S.C. 512(k) and has designated an agent with the U.S. Copyright Office to receive notifications of claimed infringement, as 17 U.S.C. 512(c)(2) requires. This policy describes the procedures we follow to qualify for the limitations on liability the DMCA provides.

2. DESIGNATED COPYRIGHT AGENT

Name: theSHFT LLC (Designated Agent)

Organization: theSHFT LLC

Address: 212 W. Troy St., Ste B, Dothan, AL 36303, United States

Phone: 334-327-0246

Email: support@theshft.app

U.S. Copyright Office registration number: DMCA-1079621

Please send notices by email with the subject line "DMCA Notice" or "DMCA Counter Notice." The agent receives only copyright notices and counter notices; other requests sent to the agent may not receive a response under this policy.

3. WHAT WE CAN AND CANNOT REMOVE

Direct messages and group chats on theSHFT, and the photos, videos, voice notes and files sent in them, are end-to-end encrypted. We cannot read them, and we cannot remove them from anyone's device, even when properly notified. We can remove or disable access to content stored on our servers in a form we can read, including:

• Community posts, replies, polls, images and videos
• Stories (photos, videos and captions), while they exist
• Usernames, bios, profile photos and SHFT looks
• Community names, descriptions, rules and images, and group names and photos

For end-to-end encrypted content, the action available to us is to act on the account of a user who is the subject of repeated valid notices, as Section 7 describes.

4. SENDING A NOTICE OF CLAIMED INFRINGEMENT

To be effective under 17 U.S.C. 512(c)(3), a notice must be in writing, sent to our designated agent, and include substantially all of the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
• Identification of the copyrighted work claimed to be infringed, or, if multiple works are covered by one notice, a representative list of them
• Identification of the material claimed to be infringing, and information reasonably sufficient for us to locate it (for example the username of the person who posted it, the Community name and the post, or the date and time of a Story)
• Information reasonably sufficient for us to contact you, such as your name, address, telephone number and email address
• 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
• A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed

A notice that does not substantially comply may not be acted on. Under 17 U.S.C. 512(f), a person who knowingly and materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees.

5. WHAT WE DO WITH A VALID NOTICE

When we receive a notice that substantially complies with Section 4, we will:

• Remove or disable access to the material expeditiously. We aim to do so within five (5) business days, and sooner where we can.
• Take reasonable steps to notify the user who posted it, through the application (we do not have users' email addresses or phone numbers), and we may give that user a copy of the notice
• Record the notice for our repeat infringer policy

6. COUNTER NOTICES

If your material was removed and you believe in good faith that it was removed or disabled because of a mistake or misidentification, you may send our designated agent a written counter notice that includes substantially all of the following, as 17 U.S.C. 512(g)(3) requires:

• Your physical or electronic signature
• Identification of the material that was removed or disabled and the location where it appeared before
• 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 and telephone number, and a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which theSHFT LLC may be found), and that you will accept service of process from the person who sent the original notice or that person's agent

When we receive a valid counter notice, we will promptly send a copy to the person who sent the original notice and tell them that we will restore the material in ten (10) business days. We will restore the material not less than ten (10) and not more than fourteen (14) business days after we receive the counter notice, unless our designated agent first receives notice that the original complainant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material. A counter notice includes your personal information, which we will pass to the original complainant.

7. REPEAT INFRINGER POLICY

Under 17 U.S.C. 512(i), we have adopted, and we reasonably implement, a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers. We generally treat an account as a repeat infringer when it has been the subject of three (3) or more valid notices within a twelve (12) month period that were not resolved by a counter notice or a withdrawal. We may terminate an account after fewer notices in cases of blatant or large scale infringement, and we may decline to count notices we reasonably believe are mistaken or abusive. A user whose account is terminated under this policy may not create a new account.

8. ABUSE OF THIS PROCESS

Notices sent in bad faith, without authority to act for the copyright owner, or to suppress lawful speech such as commentary, criticism or fair use are an abuse of this process. We may disregard them and may refer them to counsel.

9. OTHER CLAIMS

This policy covers U.S. copyright claims. For trademark complaints, impersonation, intimate images shared without consent, and other legal complaints, see Sections 21 and 22 of our Terms of Service or email support@theshft.app. Those requests should not be sent to the designated agent as DMCA notices.

10. CONTACT

DMCA notices and counter notices: support@theshft.app

Mail: theSHFT LLC (Designated Agent), 212 W. Troy St., Ste B, Dothan, AL 36303, United States

Website: https://theshft.app