DMCA Policy – PixelClub

At PixelClub, we value the creativity and effort of software developers, game creators, artists, musicians, and all contributors to the digital ecosystem. This DMCA Policy explains how we handle copyright infringement claims within our facilities, online services, and community spaces. It is intended to help rights holders report alleged infringements and to set out the process we follow when a claim is received.

1. Purpose of This Policy

This policy guides members and visitors about responsibilities when using copyrighted material in the club. Activities in a computer club — such as gaming, software use, streaming, recording, or sharing media — may involve copyrighted works. Unauthorized copying or distribution can lead to legal consequences. This policy explains reporting, review, and enforcement procedures.

2. Types of Protected Works

Protected works you may encounter include (but are not limited to):

• PC games and game assets
• Commercial and licensed software
• Graphics, illustrations, and 3D models
• Music, sound effects, and voice recordings
• Written content, guides, and in-game scripts
• Video recordings and live streams

3. How to Report Copyright Infringement (DMCA Takedown Notice)

If you believe your copyrighted work has been used without authorization in our facilities or on our platforms, submit a DMCA Takedown Notice containing the following:

• Your full legal name, mailing address, telephone number, and email address.
• A clear identification or description of the copyrighted work you claim has been infringed.
• Specific details about where the allegedly infringing material is located (URLs, file paths, account names, timestamps, or other identifying information).
• A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
• Your physical or electronic signature (typed name is acceptable for electronic notices).

Send notices to our designated agent (contact details listed below). We will acknowledge receipt and begin our review.

4. Our Review and Action

When we receive a valid DMCA notice, we will:

• Promptly investigate the claim and evaluate the identified content.
• Temporarily remove or disable access to the allegedly infringing content if the notice appears valid.
• Notify the member or account holder who posted the content and provide information on how to submit a counter-notification.

5. Counter-Notification Procedure

If your content was removed and you believe this was a mistake, you may submit a Counter-Notification that includes:

• Your full legal name, mailing address, telephone number, and email address.
• Identification of the removed content and its original location before removal.
• A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification.
• Consent to the jurisdiction of the appropriate court and agreement to accept service of process from the original complainant.
• Your physical or electronic signature.

Upon receipt, we will forward the counter-notification to the original complainant. Unless the complainant files a court action within the applicable statutory period, we may restore the content.

6. Repeat Infringer Policy

We take repeated infringements seriously. Members found to repeatedly post infringing content may face disciplinary measures including:

• Suspension or termination of membership;
• Restriction from certain facilities or services (e.g., streaming, high-performance PCs);
• Permanent bans in severe cases.

7. Member Responsibilities

All members must:

• Use only legally obtained software and games;
• Avoid uploading, sharing, or distributing copyrighted material without permission;
• Not stream, record, or publish in-club content that includes protected works unless authorized;
• Ensure mods, custom assets, and fan projects do not infringe third-party rights.

8. Fair Use

Certain uses (criticism, commentary, teaching, research, or transformative works) may qualify as fair use. Fair use depends on multiple factors; members should evaluate potential use carefully and, if unsure, seek legal advice before sharing content.

9. Misuse of the DMCA Process

Deliberately submitting false or misleading DMCA notices or counter-notices may result in legal liability. We expect all parties to act in good faith when using the DMCA process.

10. Enforcement and Updates

We will enforce this policy to maintain a lawful, respectful environment. Enforcement may include content removal, account suspension, or other remedies. This policy may be updated periodically — the current version will be posted on our site.

11. Designated DMCA Agent

Send DMCA notices and counter-notices to our designated agent:

• Name: PixelClub
• Mailing Address: Mount Eden Road, Mount Eden, Auckland 1024, New Zealand
• Email: [email protected]
• Phone: +6496238332

By following this DMCA Policy, PixelClub aims to protect creators' rights while preserving a creative, collaborative, and lawful environment for all members.