Apex Governance LLC (“Apex”) respects the intellectual-property rights of others and expects users of the Website and Apex's services to do the same. This Policy describes the procedures Apex follows for receiving and responding to notices of claimed copyright infringement under Title 17, United States Code, Section 512 (the “DMCA”), and equivalent procedures available to rights-holders in other jurisdictions where Apex's content is delivered or hosted.
Notices that do not substantially comply with the requirements set out below may not be effective and may be returned to the sender for completion.
§ 01 Designated Agent
Notices of claimed copyright infringement directed at content available through apexgscore.com or other Apex-operated channels should be sent to Apex's designated agent for receipt of such notices.
Designated Agent — Apex Governance LLC
Attn: DMCA Designated Agent, Apex Governance LLC
Address on file with the U.S. Copyright Office; copy of designation available on request.
Email: [email protected] (subject line: DMCA Notice)
A registration with the U.S. Copyright Office's Designated Agent Directory accompanies this designation. Until that registration is completed, notices may be submitted to the email address above and will be processed as if validly served.
§ 02 Notice of Claimed Infringement
To be effective under the DMCA, a notice of claimed infringement must be a written communication, provided to Apex's designated agent, that includes substantially 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 have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit Apex to locate the material (a specific URL is strongly preferred);
- information reasonably sufficient to permit Apex to contact the complaining party, including a name, address, telephone number, and, if available, an email address at which the complaining party may be reached;
- 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; and
- 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.
Notices that omit any of the foregoing elements may not satisfy the requirements of the DMCA and may not result in expedited action by Apex.
§ 03 Apex's Response
Upon receipt of a notice that substantially complies with the requirements above, Apex will:
- review the notice and the identified material;
- where appropriate, expeditiously remove or disable access to the material identified in the notice;
- take reasonable steps to notify the affected party (the user or contributor whose material has been removed or disabled), where one exists, of the action taken; and
- retain the notice and any related correspondence in accordance with applicable law and Apex's record-retention practices.
Removal or disablement of material in response to a notice is not an admission by Apex of any wrongdoing, infringement, or liability.
§ 04 Counter Notification
If you believe that material removed or disabled in response to a notice of claimed infringement was removed or disabled in error, or that you have the right to use the material, you may submit a counter notification. To be effective, a counter notification must be a written communication provided to Apex's designated agent that includes substantially the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- 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 federal district court for the judicial district in which the address is located, or, if your address is outside the United States, for any judicial district in which Apex may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
Upon receipt of a substantially compliant counter notification, Apex will provide the original complaining party with a copy of the counter notification and inform that party that the removed or disabled material may be restored not less than ten (10) and not more than fourteen (14) business days following receipt of the counter notification, unless the original complaining party files an action seeking a court order against the affected party.
§ 05 Repeat-Infringer Policy
Apex maintains a policy of terminating, in appropriate circumstances and at Apex's discretion, the access of users, subscribers, or account holders who are repeat infringers. What constitutes “appropriate circumstances” is determined on a case-by-case basis, taking into account the nature of the alleged infringement, the volume and pattern of notices received, the affected party's response (or lack of response), and any relevant contractual provisions.
§ 06 Misrepresentation
Section 512(f) of the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages. Notices and counter notifications submitted to Apex should be made with appropriate care.
§ 07 Other Jurisdictions
Rights-holders outside the United States may submit takedown requests using procedures analogous to those described above. Where a request is governed by a non-U.S. legal regime — for example, the EU Copyright Directive or the Korean Copyright Act — Apex will evaluate the request under the applicable framework. Inclusion of the substantive elements listed in the “Notice of Claimed Infringement” section above will, in most cases, allow Apex to act on a request without further follow-up regardless of the governing-law framework.
§ 08 No Legal Advice
This Policy describes Apex's procedures and is not legal advice. Persons considering whether to submit a notice or counter notification should consult independent legal counsel.