Terms & Conditions

Updated 03/13/2024

The Takedown DMCA LLC provides services to request for removal of

copywritten material under the Digital Millennium Copyright Act. This service is to

protect copywritten material from wrong and unlawful distribution.

You have accepted these Terms of Use, which govern your use of our service.

As used in these Terms of Use, "The Takedown DMCA LLC service", "our

service" or "the service" means the personalized service provided by The

Takedown DMCA LLC for discovering and accessing The Takedown DMCA LLC

content, including all features and functionalities, recommendations and reviews,

our websites, and user interfaces, as well as all content and software associated

with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION

WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH

THE TAKEDOWN DMCA LLC (EXCEPT FOR MATTERS THAT MAY BE

TAKEN TO SMALL CLAIMS COURT).

1. Membership

1.1. Your Takedown DMCA membership will continue and automatically

renew until terminated. To use The Takedown DMCA service, you must

have Internet access and a The Takedown DMCA ready device and

provide us with one or more Payment Methods. "Payment Method" means

a current, valid, accepted method of payment, as may be updated from

time to time and which may include payment through your account with a

third party. You must cancel your membership before it renews in order to

avoid billing of the membership fees for the next billing cycle to your

Payment Method (see "Cancellation" below).

1.2. We may offer a number of membership plans, including memberships

offered by third parties in conjunction with the provision of their own

products and services. We are not responsible for the products and

services provided by such third parties. Some membership plans may

have differing conditions and limitations, which will be disclosed at your

sign-up or in other communications made available to you. You can find

specific details regarding your Takedown DMCA membership by visiting

the The-Takedown.com website and navigating to your account "Account"

and clicking on “Memberships”.

2. Promotional Offers. We may from time to time offer special promotional

offers, plans or memberships (“Offers”). Offer eligibility is determined by

The Takedown DMCA at its sole discretion and we reserve the right to

revoke an Offer and put your account on hold in the event that we

determine you are not eligible. Members of households with an existing or

recent Takedown DMCA membership may not be eligible for certain

introductory Offers. We may use information such as device ID, method of

payment or an account email address used with an existing or recent

Takedown DMCA membership to determine Offer eligibility. The eligibility

requirements and other limitations and conditions will be disclosed when

you sign-up for the Offer or in other communications made available to

you. Apparent errors or mistakes on the website and in brochures, offers,

email messages or publications of The Takedown DMCA are not binding

on The Takedown DMCA.

3. Billing and Cancellation

3.1. Billing Cycle. The membership fee for The Takedown DMCA service

and any other charges you may incur in connection with your use of the

service, such as taxes and possible transaction fees, will be charged to

your Payment Method on the specific payment date indicated on the

"Account" page. The length of your billing cycle will default to indefinite

period of time unless expressly agreed otherwise. Membership fees are

fully earned upon payment. In some cases, your payment date may

change, for example if your Payment Method has not successfully settled,

when you change your subscription plan or if your paid membership began

on a day not contained in a given month. Visit the The-Takedown.com

website and click on the "Billing details" link on the "Account" page to see

your next payment date. We may authorize your Payment Method in

anticipation of membership or service-related charges through various

methods, including authorizing it up to approximately one month of service

as soon as you register. If you signed up for The Takedown DMCA using

your account with a third party as a Payment Method, you can find the

billing information about your Takedown DMCA membership by visiting

your account with the applicable third party.

3.2. Payment Methods. To use The Takedown DMCA service you must

provide one or more Payment Methods. You authorize us to charge any

Payment Method associated to your account in case your primary

Payment Method is declined or no longer available to us for payment of

your subscription fee. You remain responsible for any uncollected

amounts. If a payment is not successfully settled, due to expiration,

insufficient funds, or otherwise, and you do not cancel your account, we

may suspend your access to the service until we have successfully

charged a valid Payment Method. For some Payment Methods, the issuer

may charge you certain fees, such as foreign transaction fees or other fees

relating to the processing of your Payment Method. Check with your

Payment Method service provider for details.

3.3 Updating your Payment Methods. You can update your Payment

Methods by going to the "Account" page. We may also update your

Payment Methods using information provided by the payment service

providers. Following any update, you authorize us to continue to charge

the applicable Payment Method(s). Alternatively, you may e-mail The

Takedown DMCA and request to change your Payment Method.

3.4. Cancellation. If you have committed to a month-to-month agreement

you can cancel your Takedown DMCA membership. Client is obliged to

observe a term of notice of 15 days before the end of the billing period,

unless expressly agreed otherwise. Client does not have the right to

terminate the membership prematurely, unless expressly agreed

otherwise. After expiry of its duration the membership entered into for a

specific period of time will each time be automatically and tacitly renewed

by the time for which the membership had been entered into, unless the

membership is terminated. The membership entered into for a specific

period of time may be terminated at the end of its duration, subject to a

term of notice of 1 calendar month., and you will continue to have access

to The Takedown DMCA services through the end of your billing period. To

cancel, please send an e-mail to Cancellations@The-Takedown.com. If

you cancel your membership, your account will automatically close at the

end of your current billing period. To see when your account will close,

click "Billing Information" on the "Account" page. If you signed up for THE

TAKDEDOWN DMCA using your account with a third party as a Payment

Method and wish to cancel your THE TAKDEDOWN DMCA membership,

you may need to do so through that third party, for example by visiting your

account with the applicable third party and turning off auto-renew, or

unsubscribing from THE TAKDEDOWN DMCA service through that third

party.

3.5. Changes to the Price and Subscription Plans. We reserve the right to

change our subscription plans or adjust pricing for our service or any

components thereof in any manner and at any time as we may determine

in our sole and absolute discretion. Except as otherwise expressly

provided for in these Terms of Use, any price changes or changes to your

subscription plan will take effect following notice to you.

3.6. Changing Subscription Package. Members are able to change their

subscription package during the course of an active membership. If a

member upgrades their package they will be charge for the new package

and the date of this action may result in a new billing date. If a member

downgrades their package the next following Billing cycle will reflect the

changes made. This action may result in a new billing date.

3.7. No Refunds. Payments are nonrefundable and there are no refunds or

credits for partially used membership periods. Following any cancellation,

however, you will continue to have access to the service through the end

of your current billing period. At any time, and for any reason, we may

provide a refund, discount, or other consideration to some or all of our

members ("credits"). The amount and form of such credits, and the

decision to provide them, are at our sole and absolute discretion. The

provision of credits in one instance does not entitle you to credits in the

future for similar instances, nor does it obligate us to provide credits in the

future, under any circumstance.

3.8. No Chargebacks. Member/Client acknowledges and agrees that

chargebacks with their bank or credit card company are not permissible

under any circumstances. In the event of a dispute or concern regarding

services rendered, billing, or any other matter, the client agrees to first

attempt to resolve the issue directly with The Takedown DMCA LLC. The

client further agrees to promptly communicate with The Takedown DMCA

LLC regarding any questions or discrepancies and to cooperate in good

faith to resolve any issues.

Initiating a chargeback without first attempting to resolve the issue directly

with The Takedown DMCA LLC constitutes a breach of contract, and the

client agrees to waive their right to dispute charges through their bank or

credit card company. The client understands and acknowledges that

chargebacks can have serious consequences, including but not limited to

termination of services, forfeiture of access to products or services, and

legal action to recover disputed funds and associated costs.

By agreeing to these terms, the client acknowledges that The Takedown

DMCA LLC reserves the right to take appropriate action to enforce this

clause and recover any losses incurred as a result of chargebacks initiated

by the client. The client agrees to indemnify and hold harmless The

Takedown DMCA LLC from any liability or damages arising from

unauthorized chargebacks initiated by the client.

4. The Takedown DMCA Service

4.1. You must be at least 18 years of age to become a member of The

Takedown DMCA service.

4.2. The Takedown DMCA service and any content accessed through our

service are for your commercial use only and may not be shared without

the written consent of The Takedown DMCA’s management team. You

agree not to use the service for public showcases.

4.3. You may access The Takedown DMCA services primarily within the

United States of America, and North America.

4.4. The Takedown DMCA service, is regularly updated. In addition, we

continually test various aspects of our service, including but not limited to

our websites, user interfaces, promotional features and all other aspects of

our platform and business structure as a whole.

4.6. You agree to use The Takedown DMCA service, including all features

and functionalities associated therewith, in accordance with all applicable

laws, rules and regulations, or other restrictions on use of the service or

content therein. Except as explicitly authorized in these Terms of Use, you

agree not to archive, download, reproduce, distribute, modify, display,

perform, publish, license, create derivative works from, offer for sale, or

use content and information contained on or obtained from or through The

Takedown DMCA service. You also agree not to circumvent, remove, alter,

deactivate, degrade or thwart any of the content protections in The

Takedown DMCA service; use any robot, spider, scraper or other

automated means to access The Takedown DMCA service; decompile,

reverse engineer or disassemble any software or other products or

processes accessible through The Takedown DMCA service; insert any

code or product or manipulate the content of The Takedown DMCA service

in any way; or use any data mining, data gathering or extraction method. In

addition, you agree not to upload, post, e-mail or otherwise send or

transmit any material designed to interrupt, destroy or limit the functionality

of any computer software or hardware or telecommunications equipment

associated with The Takedown DMCA service, including any software

viruses or any other computer code, files or programs. We may terminate,

pursue legal action or restrict your use of our service if you violate these

5. Passwords and Account Access.

5.1. The member who created The Takedown DMCA account and whose

Payment Method is charged (the "Account Owner") is responsible for any

activity that occurs through The Takedown DMCA account. To maintain

control over the account and prevent anyone from accessing the account

(which could include information on viewing history for the account), the

Account Owner should maintain control over The Takedown DMCA

accessible devices that are used to access the service and not reveal the

password or details of the Payment Method associated to the account to

anyone. You are responsible for updating and maintaining the accuracy of

the information you provide to us relating to your account. We can

terminate your account or place your account on hold in order to protect

you, The Takedown DMCA or our partners from identity theft or other

fraudulent activity. The Takedown DMCA is not obligated to credit or

discount a membership for holds placed on the account by either a

representative of The Takedown DMCA or by the automated processes of

The Takedown DMCA. If your Takedown DMCA accessible device is sold,

lost or stolen, please deactivate The Takedown DMCA accessible device.

If you fail to log out or deactivate your device, subsequent users may

access The Takedown DMCA service through your account and may be

able to access certain of your account information. If you are experiencing

issues deactivating a Takedown DMCA accessible device please e-mail

Info@the-takedown.com.

6. Disclaimers of Warranties and Limitations on Liability

6.1. THE TAKEDOWN DMCA SERVICE AND ALL CONTENT AND

SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES

OR FUNCTIONALITIES ASSOCIATED WITH THE TAKDEDOWN DMCA

SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL

FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE TAKDEDOWN

DMCA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT

YOUR USE OF THE TAKDEDOWN DMCA SERVICE WILL BE

UNINTERRUPTED OR ERROR-FREE. THE TAKDEDOWN DMCA

SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF

APPLICATIONS, THE TAKDEDOWN DMCA ACCESSIBLE DEVICES,

AND THE TAKDEDOWN DMCA SOFTWARE (INCLUDING THEIR

CONTINUING COMPATIBILITY WITH OUR SERVICE).

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN

NO EVENT SHALL THE TAKDEDOWN DMCA, OR ITS SUBSIDIARIES

OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS,

EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY)

TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL,

INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY

DAMAGES WHATSOEVER.

6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF

CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF

LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME

OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO

YOU.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-

WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

7. Arbitration Agreement

7.1. You and The Takedown DMCA agree that any dispute, claim or

controversy arising out of or relating in any way to The Takedown DMCA

service, these Terms of Use and this Arbitration Agreement, shall be

determined by binding arbitration or in small claims court. Arbitration is

more informal than a lawsuit in court. Arbitration uses a neutral arbitrator

instead of a judge or jury, allows for more limited discovery than in court,

and is subject to very limited review by courts. Arbitrators can award the

same damages and relief that a court can award and nothing in this

Arbitration Agreement shall be interpreted as limiting any non-waivable

statutory rights. You agree that, by agreeing to these Terms of Use, the

U.S. Federal Arbitration Act governs the interpretation and enforcement of

this provision, and that you and The Takedown DMCA are each waiving

the right to a trial by jury or to participate in a class action. This arbitration

provision shall survive termination of this Agreement and the termination of

your The Takedown DMCA membership.

7.2. If you elect to seek arbitration or file a small claim court action, you

must first send to The Takedown DMCA, by certified mail, a written Notice

of your claim ("Notice"). The Notice to The Takedown DMCA must be

addressed to: General Counsel, THE TAKDEDOWN DMCA, Inc., 5

Lawrence St Unit 225 Bloomfield, New Jersey 07003 ("Notice Address"). If

The Takedown DMCA initiates arbitration, it will send a written Notice to

the email address used for your membership account. A Notice, whether

sent by you or by The Takedown DMCA, must (a) describe the nature and

basis of the claim or dispute; and (b) set forth the specific relief sought

("Demand"). If The Takedown DMCA and you do not reach an agreement

to resolve the claim within 45 days after the Notice is received, you or The

Takedown DMCA may commence an arbitration proceeding or file a claim

in small claims court.

7.3. You may download or copy a form Notice and a form to initiate

arbitration at www.adr.org. If you are required to pay a filing fee, after The

Takedown DMCA receives notice at the Notice Address that you have

commenced arbitration, The Takedown DMCA will reimburse you for your

payment of the filing fee, unless your claim is for greater than US$5,000, in

which event you will be responsible for filing fees.

7.4. The arbitration will be governed by the Consumer Arbitration Rules

(the "AAA Rules") of the American Arbitration Association ("AAA"), as

modified by this Agreement, and will be administered by the AAA. The

AAA Rules and Forms are available online at www.adr.org, by calling the

AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator

is bound by the terms of this Agreement. All issues are for the arbitrator to

decide, including issues relating to the scope and enforceability of this

arbitration agreement. Unless The Takedown DMCA and you agree

otherwise, any arbitration hearings will take place in the county (or parish)

of your residence. The arbitrator's award shall be final and binding on all

parties, except (1) for judicial review expressly permitted by law or (2) if the

arbitrator's award includes an award of injunctive relief against a party, in

which case that party shall have the right to seek judicial review of the

injunctive relief in a court of competent jurisdiction that shall not be bound

by the arbitrator's application or conclusions of law.

7.5. If your claim is for US$10,000 or less, we agree that you may choose

whether the arbitration will be conducted solely on the basis of documents

submitted to the arbitrator, through a telephonic hearing, or by an in-

person hearing as established by the AAA Rules. If your claim exceeds

US$10,000, the right to a hearing will be determined by the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the

arbitrator shall issue a reasoned written decision explaining the essential

findings and conclusions on which the award is based. If the arbitrator

issues you an award that is greater than the value of The Takedown

DMCA's last written settlement offer made before an arbitrator was

selected (or if The Takedown DMCA did not make a settlement offer

before an arbitrator was selected), then The Takedown DMCA will pay you

the amount of the award or US$5,000, whichever is greater. Except as

expressly set forth herein, the payment of all filing, administration and

arbitrator fees will be governed by the AAA Rules.

7.6. YOU AND THE TAKDEDOWN DMCA AGREE THAT EACH MAY

BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS

MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE

PROCEEDING. Further, unless both you and THE TAKDEDOWN DMCA

agree otherwise, the arbitrator may not consolidate more than one

person's claims with your claims, and may not otherwise preside over any

form of a representative or class proceeding. If this specific provision is

found to be unenforceable, then the entirety of this arbitration provision

shall be null and void.

8. Force Majeure

1.1. The Takedown DMCA is not obliged to fulfil any obligations in case it

is prevented to do so due to Force Majeure.

8.2. Force Majeure shall include: malfunctions of connections of and to the

internet, virus infection or computer intrusions by third parties, disruption in

supply of energy or materials, weather conditions, natural catastrophes,

strike, theft, sickness of the natural person who performs the Agreement

on behalf of The Takedown DMCA, and measures taken by the authorities.

Force Majeure shall also be understood to include any incident or

circumstance due to which performance by The Takedown DMCA would

become so arduous and/or expensive compared to the circumstances at

the time at which the Agreement was concluded, that in the opinion of The

Takedown DMCA performance cannot be reasonably expected.

8.3. In case Force Majeure is temporary, The Takedown DMCA reserves

the right to suspend performance of the Agreement until the circumstance

that constitutes Force Majeure is no longer present.

8.4. The Takedown DMCA reserves the right to demand payment for any

Services performed during performance of the Agreements concerned

before Force Majeure occurred.

9. Miscellaneous

9.1. Governing Law. These Terms of Use shall be governed by and

construed in accordance with the laws of the state of New Jersey, U.S.A.

without regard to conflict of laws provisions. These terms will not limit any

consumer protection rights that you may be entitled to under the

mandatory laws of your state of residence.

9.2. Unsolicited Materials. The Takedown DMCA does not accept

unsolicited materials or ideas for The Takedown DMCA services, and is

not responsible for the similarity of any of its services in any media to

materials or ideas transmitted to The Takedown DMCA. Should you send

any unsolicited materials or ideas, you do so with the understanding that

no additional consideration of any sort will be provided to you, and you are

waiving any claim against The Takedown DMCA and its affiliates regarding

the use of such materials and ideas, even if material or an idea is used that

is substantially similar to the material or idea you sent.

9.3. Feedback. The Takedown DMCA is free to use any comments,

information, ideas, concepts, reviews, or techniques or any other material

contained in any communication you may send to us ("Feedback"),

including responses to questionnaires or through postings to The

Takedown DMCA service, including our websites and user interfaces,

worldwide and in perpetuity without further compensation,

acknowledgement or payment to you for any purpose whatsoever

including, but not limited to, developing, manufacturing and marketing

products and creating, modifying or improving The Takedown DMCA

service. In addition, you agree not to enforce any "moral rights" in and to

the Feedback, to the extent permitted by applicable law.

9.4. Customer Support. To find more information about our service and its

features, or if you need assistance with your account, please e-mail

Help@The-Takedown.com. In certain instances, Customer Service may

best be able to assist you by using a remote access support tool through

which we have full access to your computer. If you do not want us to have

this access, you should not consent to support through the remote access

tool, and we will assist you through other means. In the event of any

conflict between these Terms of Use and information provided by

Customer Service or other portions of our websites, these Terms of Use

will control.

9.5. Survival. If any provision or provisions of these Terms of Use shall be

held to be invalid, illegal, or unenforceable, the validity, legality and

enforceability of the remaining provisions shall remain in full force and

effect.

9.6. Changes to Terms of Use and Assignment. The Takedown DMCA

may, from time to time, change these Terms of Use. Such revisions shall

be effective immediately; provided however, for existing members, such

revisions shall, unless otherwise stated, be effective 15 days after posting.

We may assign our agreement with you to any affiliated company or to any

entity that succeeds to all or substantially all of our business or assets

related to the applicable The Takedown DMCA service.

9.7. Communication Preferences. We may send you information relating to

your account (e.g. payment authorizations, invoices, changes in password

or Payment Method, confirmation messages, notices) in electronic form

only, for example via emails to your email address provided during

registration. You agree that any notices, agreements, disclosures or other

communications that we send to you electronically will satisfy any legal

communication requirements, including that such communications be in

writing.

9.8. Proof of Work. Specified communications provided by Takedown DMCA

LLC serve as tangible evidence of the work performed on behalf of our

clients. Takedown DMCA LLC reserves the sole discretion to determine

which communications are considered tangible evidence of the work

performed on behalf of our clients.

These communications not only document the progress made but also

serve as a record of the efforts invested in addressing copyright

infringement issues and protecting our clients' digital assets.

For example, emails exchanged between our team and the client may

outline the specific actions taken to remove infringing content or provide

updates on the status of ongoing cases. SMS messages or instant

messaging conversations can serve as real-time notifications of important

developments or requests for additional information.

Similarly, communications via social media platforms like can provide a

transparent view of our interactions with clients, including any public

statements or responses to inquiries related to copyright protection.

Additionally, documents shared through platforms such as Dropbox or G

Suite Products may include detailed reports, evidence of takedown

requests, or legal documentation related to copyright claims.

By providing clients with a comprehensive range of communication

channels and documentation, we aim to ensure transparency,

accountability, and confidence in our services. These communications

serve as valuable proof of the work conducted on behalf of our clients,

offering reassurance that their content is being actively monitored and

protected.