DMCA Policy

Digital Millennium Copyright Act Notice

Tropikal Music respects the intellectual property of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Tropikal Music will respond expeditiously to claims of copyright infringement committed using the Tropikal Music service and/or the Tropikal Music website (the "Site") if such claims are reported to Tropikal Music's Designated Copyright Agent identified in the sample notice below.

Filing a DMCA Notice of Alleged Infringement

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Tropikal Music's Designated Copyright Agent. Upon receipt of Notice as described below, Tropikal Music will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement ("Notice")

• Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:
  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
• Provide your full legal name and your electronic or physical signature.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Filing a DMCA Counter-Notification

If you are a user of the Site and have been subjected to a DMCA takedown notice, you may file a counter-notification with us by providing the following information to the Designated Copyright Agent at the address below:

• A description of the material that was removed or to which access was disabled and the location where the material appeared before it was removed or access disabled;
• A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in [Your Jurisdiction], and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
• Your signature, under penalty of perjury.

Upon receipt of a valid counter-notification, we will forward it to the original complaining party who submitted the DMCA notification. The original complaining party (or the copyright holder they represent) will then have ten (10) days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Site.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Tropikal Music has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Tropikal Music may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.