DMCA Notice & Takedown Policy

Overview

POLLNOVA operates pollnova.com and qualifies as a "Service Provider" within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act ("DMCA"). Accordingly, PollNova is entitled to certain protections from claims of copyright infringement under the DMCA's "safe harbor" provisions. We respect the intellectual property rights of others and ask our users to do the same. We observe and comply with the DMCA and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our users.

Designated Copyright Agent

POLLNOVA's designated agent for receiving copyright infringement notices is:

Please do not send other inquiries or information to our Designated Agent. The Designated Agent is not authorised to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

How to Submit a Notice of Claimed Infringement

To submit a valid DMCA takedown notice, your written communication must include all of the following:

1. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
2. Identification of the copyrighted work(s) you claim has been infringed, or if multiple works are covered, a representative list;
3. Identification of the material that you claim is infringing, with enough detail for us to locate it on PollNova (e.g., the URL of the specific poll or content);
4. Your contact information: name, mailing address, telephone number, and email address;
5. A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law;
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

Notices that do not include all of the above elements may not be acted upon. If a notice does not fully comply with § 512 of the DMCA but does comply with three or more of the required notification elements, we will attempt to contact you to help bring your notice into compliance. Send your completed notice to dmca@pollnova.com.

How We Respond to Takedown Notices

Upon receipt of a valid Notice, PollNova will act expeditiously to remove or disable access to the allegedly infringing material and notify the affected user. PollNova reserves the right at any time to disable access to or remove any material that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances — regardless of whether a formal Notice has been received.

It is the firm policy of PollNova to terminate the accounts of repeat copyright infringers when appropriate. We will act in accordance with 17 U.S.C. § 512 of the DMCA throughout this process.

After receiving a valid counter-notification, our Designated Agent will forward it to the original complainant. PollNova will then replace the removed material or cease disabling access to it within ten to fourteen (10–14) business days of receiving the counter-notification, unless our Designated Agent first receives notice that the original claimant has filed a court action seeking an injunction against the allegedly infringing activity.

Counter-Notification Process

If your content was removed in response to a DMCA notice and you believe the removal was in error or the result of misidentification, you may submit a counter-notification to our Designated Agent. The information you provide must be accurate and truthful — you will be liable for any misrepresentations which may cause claims to be brought against PollNova relating to actions taken in response to the counter-notification.

Your counter-notification must include:

1. Your physical or electronic signature;
2. A specific description of the content that was removed and the location where it appeared before removal (preferably including the URL);
3. A statement under penalty of perjury that you have a good-faith belief the content was removed as a result of mistake or misidentification. For convenience, the following language may be used:
   "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."
4. Your name, mailing address, telephone number, and email address; and
5. 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 United States, any judicial district in which PollNova may be found), and that you will accept service of process from the person who submitted the original takedown notice or that person's agent.

Send your written, signed counter-notification to dmca@pollnova.com.

Repeat Infringer Policy

PollNova maintains a strict repeat infringer policy. Users who receive multiple valid DMCA takedown notices will have their accounts suspended or permanently terminated, regardless of any counter-notifications filed. We may terminate accounts at our sole discretion where we believe repeated copyright infringement is occurring.

Abuse of the DMCA Process

Abusing the DMCA notice procedures set forth above, or misrepresenting facts in a DMCA notice or counter-notification, can result in legal liability for damages, court costs, and attorneys' fees under federal law — see 17 U.S.C. § 512(f). These Notice and Takedown Procedures apply only to claims of copyright infringement by copyright holders and their agents — not to any other kind of abuse, infringement, or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all legal qualifications before submitting a DMCA notice.

Submitting a false or misleading DMCA notice also constitutes a violation of our Terms of Service.

English Language Requirement

All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

Response Timeline

We aim to acknowledge DMCA notices within 2 business days and to act on valid notices within 5 business days. Complex or contested notices may take longer. All communications will be handled via dmca@pollnova.com.

Modifications

PollNova reserves the right to modify, alter, or add to this policy at any time. All affected persons should regularly check back to stay current on any such changes. Further information regarding notification and takedown requirements can be found in the DMCA at 17 U.S.C. § 512.