Notice and Takedown

1. Purpose

memrly respects the intellectual property rights of others. If you believe that content on memrly infringes your copyright or another intellectual property right, you may submit a notice using the procedure below. This procedure is offered to comply with the EU Digital Services Act (Article 16) and the United States Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512).

2. How to submit a notice

Send your notice to support@memrly.com. To be actionable, your notice must include all of the following:

• identification of the work you believe is infringed (title, description, link to the original where possible);
• the precise location of the allegedly infringing content within memrly (album link, screenshot, file name);
• your full name, postal address, email address and phone number;
• a statement that you have a good-faith belief that the use of the content is not authorised by the rights-holder, its agent or the law;
• a statement made under penalty of perjury that the information in your notice is accurate and that you are the rights-holder or authorised to act on the rights-holder's behalf;
• your physical or electronic signature.

3. What we do with your notice

We aim to respond to actionable notices within 48 business hours. If we agree the notice is actionable, we will remove or disable access to the content and notify the user who uploaded it. We may ask you for additional information before acting.

4. Counter-notice procedure

If your content was removed and you believe the removal was wrong, you may submit a counter-notice to support@memrly.com. A counter-notice must include:

• identification of the content removed and its location before removal;
• your full name, address, email address, phone number;
• a statement under penalty of perjury that you have a good-faith belief that the content was removed as a result of mistake or misidentification;
• your consent to the jurisdiction of the courts of Portugal (or, if you are a consumer in another EU country, of the courts of your country of residence).

5. Repeat infringers

memrly may, at its sole discretion, suspend or terminate the accounts of users who repeatedly upload content that is the subject of valid takedown notices. We assess each situation on a case-by-case basis and consider factors such as the number and credibility of notices received, the nature of the content involved, whether counter-notices were submitted and their outcome, the time elapsed between incidents, and any other circumstances we consider relevant. Nothing in this Section creates an obligation on memrly to suspend or terminate any account at any specific threshold of notices.

6. Abuse of this procedure

Submitting a knowingly false or misleading notice may give rise to liability under applicable law, including under Section 512(f) of the United States DMCA and Article 23 of the EU Digital Services Act.

memrly may, at its sole discretion, decline to act on any notice or counter-notice that we determine to be abusive, incomplete, malicious, automated, repetitive, or submitted in bad faith. Factors we may consider include the credibility of the submitter, the accuracy of past submissions, the volume of notices received from the same source, whether the submitter has a legitimate connection to the work claimed, and any other circumstances we consider relevant. We may also share information about abusive notices with the affected user and, where appropriate, with the relevant authorities. Nothing in this Section creates an obligation on memrly to act on any specific notice or counter-notice.

7. Contact

All takedown notices and counter-notices: support@memrly.com.