1. Overview
P3RSON, Inc. ("P3RSON") respects the intellectual property rights of others and expects users of the P3RSON platform (the "Platform") to do the same. This Copyright Policy describes how P3RSON handles claims of copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA").
P3RSON has registered a Designated Copyright Agent with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2) to qualify for the DMCA’s safe harbor provisions. Notices not sent to the Designated Agent will not be processed.
2. Designated Copyright Agent
To submit a DMCA takedown notice or counter-notice, contact our Designated Agent:
Designated Agent: Secundino Fulgencio
Company: P3RSON, Inc.
Mailing Address: P.O. Box 6178, Astoria, NY 11106
Email: [email protected]
For fastest response, email is preferred. Written notices sent by mail may take additional processing time.
3. Submitting a DMCA Takedown Notice
If you believe that content on the Platform infringes your copyright, you may submit a written takedown notice to our Designated Agent. To be valid under 17 U.S.C. § 512(c)(3), your notice must include all of the following:
- Identification of the copyrighted work — A description of the copyrighted work you claim has been infringed, or if multiple works are at issue, a representative list.
- Identification of the infringing material — A description of the material you claim is infringing and that you want P3RSON to remove or disable, with enough detail for us to locate it on the Platform. Include the specific URL(s) where the material appears.
- Your contact information — Your full legal name, mailing address, telephone number, and email address.
- 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.
- Accuracy statement — 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 behalf of the copyright owner.
- Signature — A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
Notices that are incomplete or that misrepresent the facts may expose you to liability, including for damages, costs, and attorneys’ fees under 17 U.S.C. § 512(f).
4. P3RSON’s Response to Takedown Notices
Upon receiving a complete and valid takedown notice, P3RSON will:
- Promptly remove or disable access to the allegedly infringing content
- Make reasonable efforts to notify the user who posted the material that it has been removed
- Provide the user with a copy of the takedown notice (with your personal contact information redacted where feasible)
- Inform the user of their right to submit a counter-notice
5. Filing a Counter-Notice
If you believe your content was removed as a result of mistake or misidentification, you may submit a counter-notice to our Designated Agent under 17 U.S.C. § 512(g)(3). A valid counter-notice must include all of the following:
- Identification of the removed material — A description of the material that was removed and the location at which it appeared before removal (include the URL).
- Statement of good faith belief — 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.
- 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 U.S., for any judicial district in which P3RSON may be found), and that you will accept service of process from the person who submitted the original takedown notice.
- Your contact information — Your full legal name, mailing address, telephone number, and email address.
- Signature — Your physical or electronic signature.
Upon receiving a valid counter-notice, P3RSON will forward it to the original complainant and, absent receipt of a court order preventing restoration, will restore the removed content within 10–14 business days.
6. Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i), P3RSON has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers. P3RSON reserves the right to terminate any user’s access to the Platform at any time, with or without notice, if P3RSON determines, in its sole discretion, that the user has repeatedly infringed the intellectual property rights of others.
Factors P3RSON may consider include the number of valid takedown notices received regarding a user’s content, the nature and severity of the alleged infringements, and whether the user has a history of counter-notices or disputes.
7. DMCA Safe Harbor Compliance
P3RSON operates as a service provider under 17 U.S.C. § 512 and has qualified for the DMCA safe harbor for hosting user-uploaded content by:
- Registering a Designated Copyright Agent with the U.S. Copyright Office
- Publishing this copyright policy and the agent’s contact information on the Platform
- Responding expeditiously to valid takedown notices
- Maintaining and enforcing a repeat infringer policy
- Not interfering with technical measures used by copyright owners to identify or protect their works
8. User Representations Regarding Content
By uploading content to the Platform — including photographs, videos, audio recordings, written materials, and any other creative works — you represent and warrant that:
- You own all rights in the content or have obtained all necessary licenses, releases, and permissions to upload and use it on the Platform
- Your content does not infringe the copyrights, trademarks, rights of publicity, privacy rights, or any other intellectual property or proprietary rights of any third party
- You are solely responsible for any claims arising from content you upload
9. Contact for Copyright Questions
For general copyright questions that do not involve submitting a formal takedown notice, you may contact us at:
P3RSON does not provide legal advice. If you have questions about your rights as a copyright owner or as a user, we encourage you to consult an attorney.