DMCA

DMCA Policy

Effective Date: October 18, 2024

Digital Marketing Coach, a division of Heidlebaugh Digital LLC, is committed to respecting the intellectual property rights of others and expects our users to do the same. This policy outlines our compliance with the Digital Millennium Copyright Act (“DMCA”) and provides instructions for copyright owners who believe their content has been infringed upon through our website or services.

1. Notification of Copyright Infringement

If you believe that your copyrighted material has been used in a way that constitutes copyright infringement and is accessible on Digital Marketing Coach’s website or through our services, you may submit a DMCA Notice to our designated Copyright Agent as outlined below.

To be valid, your notification must be a written communication that includes the following elements, as required by the DMCA (17 U.S.C. § 512(c)(3)):

  1. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material (e.g., URLs, screenshots).

  3. Contact information for the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

  4. A statement that the complaining party has 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.

  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  6. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Please send your DMCA Notice to our Copyright Agent:

Copyright Agent
Digital Marketing Coach, Heidlebaugh Digital LLC
PO Box 64, Peyton, CO 80831
Email: hello@digitalmarketingcoach.com
Phone: 833-349-2474

2. Response to DMCA Notices

Upon receipt of a valid DMCA Notice, we will:

  • Remove or disable access to the allegedly infringing material.
  • Notify the user responsible for posting the material that we have removed or disabled access to it.
  • Terminate repeat infringers’ access to our website and services, where appropriate, in accordance with our termination policy (see Section 5 below).

3. Counter-Notification Procedure

If you believe that the material removed or disabled by Digital Marketing Coach as a result of a DMCA Notice is not infringing or that you have the authorization from the copyright owner, its agent, or under the law to use the material, you may submit a counter-notification.

To be valid, a counter-notification must be a written communication that includes the following:

  1. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled.

  2. 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.

  3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court in the district where your address is located, or if you reside outside of the United States, for any judicial district in which Digital Marketing Coach may be found, and that you will accept service of process from the person who provided the DMCA notification or an agent of such person.

  4. A physical or electronic signature of the user.

Send your counter-notification to our Copyright Agent:

Copyright Agent
Digital Marketing Coach, Heidlebaugh Digital LLC
PO Box 64, Peyton, CO 80831
Email: hello@digitalmarketingcoach.com
Phone: 833-349-2474

4. Action Upon Receipt of a Counter-Notification

If we receive a valid counter-notification, we will:

  • Forward a copy of the counter-notification to the original complaining party.
  • Inform the complaining party that we may restore the removed material or cease disabling access within 10 business days.
  • Unless the copyright owner files an action seeking a court order against the alleged infringer within 14 business days of receiving the counter-notification, we may restore the material removed.

5. Termination Policy for Repeat Infringers

In accordance with the DMCA and other applicable law, Digital Marketing Coach has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also limit access to our services and/or terminate any user who infringes the intellectual property rights of others, whether or not there is repeat infringement.

6. Misrepresentations and Penalties

Please note that under the DMCA (17 U.S.C. § 512(f)), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorney’s fees. Similarly, any person who knowingly materially misrepresents that removed material was a result of mistake or misidentification may be liable for damages.

7. Modifications to the DMCA Policy

Digital Marketing Coach reserves the right to modify, alter, or update this policy at any time in compliance with the law. Any modifications will be effective upon posting to our website. Continued use of our services after such modifications constitute acceptance of the new terms.

8. Contact Information

If you have any questions or concerns regarding our DMCA Policy, please contact our Copyright Agent:

Copyright Agent
Digital Marketing Coach, Heidlebaugh Digital LLC
PO Box 64, Peyton, CO 80831
Email: hello@digitalmarketingcoach.com
Phone: 833-349-2474