⚖️ DMCA Policy

1. Introduction & Commitment to Copyright Protection

H5 Games ("we," "us," or "our") respects the intellectual property rights of others and expects our users to do the same. We are committed to complying with the Digital Millennium Copyright Act of 1998 ("DMCA") and other applicable copyright laws.

This DMCA Policy describes the procedures we follow when we receive a notice alleging copyright infringement on our Website h5gms.site (the "Website"). It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA and other applicable intellectual property laws.

We have adopted this policy to protect the rights of copyright holders while also protecting legitimate users of our platform. We take all copyright claims seriously and will promptly investigate and take appropriate action upon receiving valid DMCA notifications.

2. Designated DMCA Agent

In accordance with the DMCA, we have designated an agent to receive notifications of claimed copyright infringement. All DMCA notices should be sent to our designated agent at:

Please note that the DMCA Agent is designated solely to receive DMCA notifications. Any other inquiries, such as requests for technical support, general questions, or reports of content that does not involve copyright infringement, should be directed to our general contact email at contact@h5gms.site.

3. Filing a DMCA Notice of Copyright Infringement

If you are a copyright owner or an agent authorized to act on behalf of a copyright owner and believe that any content on our Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our DMCA Agent with the following information in writing:

3.1 Required Information

To be effective, the notification must include:

1. Physical or Electronic Signature: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
2. Identification of Copyrighted Work: Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of Infringing Material: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Please provide the specific URL(s) where the allegedly infringing material is located.
4. Contact Information: Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
5. 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.
6. Accuracy Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

3.2 Sample DMCA Notice Template

4. Our Response to Valid DMCA Notices

Upon receiving a valid DMCA notification that complies with the requirements outlined above, we will take the following steps:

5. Counter-Notification Procedure

If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us pursuant to the DMCA. The counter-notification must be a written communication provided to our DMCA Agent that includes the following:

1. Physical or Electronic Signature: Your physical or electronic signature.
2. Identification of Material: Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. Statement Under 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 of the material to be removed or disabled.
4. Contact Information: Your name, address, and telephone number.
5. 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 your address is outside of the United States, for any judicial district in which H5 Games may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

6. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.

We may also, at our sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6.1 What Constitutes a Repeat Infringer

A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the Website more than twice. We reserve the right to determine what constitutes a repeat infringer at our sole discretion.

6.2 Consequences

Repeat infringers may face:

• Permanent removal of all content associated with their account
• Termination of any account privileges
• Permanent ban from accessing or using our Website
• Legal action if deemed appropriate

7. Good Faith & Fair Use Considerations

Before filing a DMCA notice, please consider whether the use of the copyrighted material may constitute "fair use" under Section 107 of the Copyright Act. Fair use allows limited use of copyrighted material without requiring permission from the rights holders.

7.1 Factors Considered in Fair Use

Courts typically consider the following factors when determining fair use:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
• The nature of the copyrighted work
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole
• The effect of the use upon the potential market for or value of the copyrighted work

We encourage copyright owners to evaluate fair use before submitting a DMCA takedown notice. Misuse of the DMCA process may have legal consequences.

8. Trademark Complaints

While this policy specifically addresses copyright under the DMCA, we also respect trademark rights. If you believe that content on our Website infringes your trademark rights, please contact us at legal@h5gms.site with the following information:

• Your contact information
• Description of your trademark
• Registration number (if applicable)
• Location of the allegedly infringing content
• Description of how the content infringes your trademark

9. Modifications to This Policy

We reserve the right to modify this DMCA Policy at any time. Any changes will be effective immediately upon posting of the revised policy on this page. We encourage you to periodically review this page for the latest information on our DMCA procedures.

Your continued use of our Website following the posting of any changes to this DMCA Policy constitutes acceptance of those changes.

10. Contact Information

For all DMCA-related inquiries and notices, please contact our designated DMCA Agent:

For general inquiries not related to copyright infringement, please visit our Contact Page.