1. INTRODUCTION AND LEGAL FRAMEWORK
CricTracker Pvt Ltd, a company incorporated under the Companies Act, 2013 (CIN: []), having its registered office at []("Company," "we," "us," or "our") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) ("DMCA"), the Copyright Act, 1957 (India), and other applicable copyright laws, CricTracker will respond expeditiously to claims of copyright infringement committed using the CricTracker website located at crictracker.online and associated mobile applications (collectively, the "Service").
Designated DMCA Agent
To file a copyright infringement notification or counter-notification, please submit your claim to CricTracker’s Designated Copyright Agent:
· Designated Agent: Copyright & Legal Affairs Officer
· Company: CricTracker Pvt Ltd
· Email: contact@crictracker.com
2. DMCA TAKEDOWN NOTICE PROCEDURES
2.1 Submitting a Takedown Notice
If you are a copyright owner or an authorized agent thereof and believe that any content hosted on the Service infringes upon your copyright, you may submit a written DMCA Takedown Notice.
To be effective under 17 U.S.C. § 512(c)(3), your notice must include the following:
1. Identification of the Copyrighted Work: A description of the copyrighted work claimed to have been infringed (or, if multiple works on the site are covered by a single notification, a representative list).
2. Identification of the Infringing Material: Specific identification of the material that is claimed to be infringing, including direct URLs or exact locations on the Service to enable us to locate the material.
3. Contact Information: Information reasonably sufficient to permit us to contact you, such as your full legal name, physical address, telephone number, and email address.
4. Good Faith Statement: 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.
5. Penalty of Perjury Statement: A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Signature: Signature: A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or of a person authorised to act on the owner's behalf.
2.2 Processing Takedown Notices
Upon receipt of a valid and complete DMCA notice, CricTracker will act promptly to remove or disable access to the allegedly infringing material and will notify the affected user who posted or uploaded the content. We may forward a copy of the notice, including your contact details, to the affected user.
2.3. Complaints under Indian law:
Where a complaint is made under the Copyright Act, 1957 (including Section 52(1)(c) and Rule 75 of the Copyright Rules, 2013), the complainant must submit a written complaint identifying the work, the owner and the allegedly infringing material. CricTracker will act as those provisions require, including disabling access for 21 days or until a court order is received, whichever is earlier.
3. COUNTER-NOTICE PROCEDURES
3.1 Filing a Counter-Notice
If you believe that content you posted on the Service was removed or disabled by mistake or misidentification, you may submit a written Counter-Notification to our Designated Agent.
Pursuant to 17 U.S.C. § 512(g)(3), a valid Counter-Notice must include:
1. Identification of Removed Content: Identification of the material that has been removed or to which access has been disabled, and the location/URL at which the material appeared before it was removed.
2. Contact Information: Your full legal name, physical address, telephone number, and email address.
3. Consent to Jurisdiction: 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, for any judicial district in which CricTracker may be found), and that you will accept service of process from the person who provided the original DMCA notification.
4. Statement Under Penalty of Perjury: 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.
5. Signature: Your physical or electronic signature.
3.2 Restoration of Content
On receiving a valid Counter-Notice, CricTracker will promptly forward a copy to the original complainant and inform them that the removed material will be restored not less than ten (10) and not more than fourteen (14) business days after receipt of the Counter-Notice, unless CricTracker first receives notice that the complainant has filed an action seeking a court order against the alleged infringer. If no such notice is received, CricTracker will restore the material within that period.
4. REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable laws, CricTracker has adopted a policy of terminating, in appropriate circumstances and at CricTracker's sole discretion, the accounts or access rights of users who are deemed to be repeat infringers. CricTracker may also, at its sole discretion, limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. MISREPRESENTATIONS AND BAD-FAITH NOTICES
Please note that under Section 17 U.S.C. § 512(f) of the DMCA, 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 subject to civil liability, including damages, court costs, and attorney's fees. CricTracker reserves the right to seek damages from any party that submits a fraudulent or bad-faith DMCA notice or counter-notice. We recommend consulting legal counsel before submitting a notice or counter-notice
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