DMCA Policy

PopOutNow LLC ("PopOut", "we", "us", or "our") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, we will respond expeditiously to claims of copyright infringement committed using our platform (popoutnow.com) that are reported to our designated copyright agent.

1. DMCA Designated Agent

Our designated agent for receiving notifications of claimed copyright infringement is:

2. Filing a DMCA Takedown Notice

If you believe that content hosted on our platform infringes your copyright, you may submit a written takedown notice to our DMCA Agent. Under 17 U.S.C. § 512(c)(3), your notice must include:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit us to locate the material (e.g., the URL of the photo or event page).
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
5. 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. 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 an exclusive right that is allegedly infringed.

Please note: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages, including costs and attorneys' fees.

3. Filing a Counter-Notice

If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notice under 17 U.S.C. § 512(g). Your counter-notice must include:

1. Your physical or electronic signature.
2. 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 was disabled.
3. 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.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Northern District of Indiana if your address is outside the United States), and that you will accept service of process from the person who provided the original takedown notification or an agent of such person.

Upon receiving a valid counter-notice, we will forward it to the original complaining party. If the original party does not file a court action seeking to restrain the allegedly infringing activity within 10–14 business days, we will restore the removed material.

4. Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), PopOut maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. If a user is found to have repeatedly uploaded infringing content, we will:

1. Issue a warning upon the first substantiated infringement claim.
2. Suspend upload privileges upon the second substantiated infringement claim.
3. Permanently terminate the user's account upon the third substantiated infringement claim.

We reserve the right to terminate any account at any time if we determine, in our sole discretion, that a user's conduct warrants termination regardless of the number of prior claims.

5. Expeditious Removal

Upon receiving a valid DMCA takedown notice, PopOut will act expeditiously to remove or disable access to the allegedly infringing material. We will also make a good faith effort to notify the user who uploaded the content.

6. Good Faith Compliance

PopOut does not have actual knowledge of infringing material on its platform. We do not monitor or screen user-uploaded content for copyright infringement before publication. We rely on rights holders to notify us of infringements through the procedures described above.

7. Contact Us

For questions about this DMCA Policy, please contact us:

PopOutNow LLC
Email: dmca@popoutnow.com