DMCA Policy

Overview

40UP respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to notices of alleged copyright infringement that comply with the DMCA and are properly submitted to our designated agent.

Filing a DMCA Takedown Notice

If you believe that content on 40UP infringes your copyright, please send a written notification to the email above containing the following:

1. Identification of the copyrighted work you claim has been infringed
2. Identification of the material on our Site that you claim is infringing, including the specific URL(s)
3. Your full legal name, mailing address, telephone number, and email address
4. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
5. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
6. Your physical or electronic signature

What Happens After We Receive Your Notice

• We will review your notice within 24 hours
• If the notice is complete and valid, we will promptly remove or disable access to the infringing material
• We will make a good faith effort to notify the user who posted the content
• Repeat infringers will have their accounts terminated

Counter-Notification

If you believe your content was removed in error, you may file a counter-notification containing:

1. Identification of the material that was removed and the URL where it appeared before removal
2. A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
3. Your full legal name, mailing address, telephone number, and email address
4. A statement that you consent to the jurisdiction of the federal court in your district and that you will accept service of process from the party who filed the original notice
5. Your physical or electronic signature

Upon receipt of a valid counter-notification, we may restore the removed material within 10–14 business days unless the original complainant notifies us of a court action.

Good Faith & Misrepresentation

Please be aware that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be subject to liability for damages, including costs and attorney’s fees.