DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY AND TAKEDOWN PROCEDURE

SECTION 1: POLICY OVERVIEW AND SAFE HARBOR STATEMENT

1.1 Commitment to Intellectual Property Rights

Omniforge Holdings LLC d/b/a Mad Scientific Productions (“Company,” “we,” “us,” or “our”), a Pennsylvania limited liability company, respects the intellectual property rights of musical artists, songwriters, producers, audio engineers, record labels, and content creators.

We maintain a strict policy against the unauthorized posting, sharing, streaming, uploading, or distribution of copyrighted sound recordings, musical compositions, lyrics, artwork, or third-party samples on or through our website located at madscientificproductions.com and any associated storefronts, player widgets, or online services (collectively, the “Platform”).

1.2 Statutory Compliance and Safe Harbor Designation

This DMCA Policy and Takedown Procedure (“DMCA Policy”) is promulgated in strict accordance with Title 17, United States Code, Section 512—commonly known as the Digital Millennium Copyright Act of 1998 (“DMCA”).

To the extent that the Platform allows visitors, licensees, co-producers, or third parties to submit, transmit, store, or display audio content, sample logs, metadata, comments, or artwork, Company qualifies for and claims all statutory immunity safe harbors established under 17 U.S.C. § 512(c) (Information Residing on Systems or Networks at Direction of Users) and 17 U.S.C. § 512(d) (Information Location Tools).

1.3 Scope of Coverage

This DMCA Policy applies to all visitors, beat purchasers, licensees, content uploaders, and external third-party copyright owners. This policy sets forth:

• – The mandatory formal requirements for copyright owners (or their authorized legal agents)to submit a valid DMCA Notice of Infringement concerning allegedly infringing content hosted on, displayed through, or otherwise accessible through the Platform;
• – The statutory process for accused content submitters or licensees to submit a valid DMCA Counter-Notification;
• – Our operational protocols for content removal and restoration; and
• – Our mandatory Repeat Infringer Policy enforced under 17 U.S.C. § 512(i).

SECTION 2: DESIGNATED COPYRIGHT AGENT CONTACT INFORMATION

2.1 Statutory Agent Designation

In compliance with 17 U.S.C. § 512(c)(2), Omniforge Holdings LLC d/b/a Mad Scientific Productions maintains a Designated Copyright Agent to receive formal written notifications of claimed copyright infringement.

All formal DMCA Takedown Notices, Counter-Notifications, and copyright-related legal inquiries regarding content hosted on, streamed from, or accessible through the Platform must be directed exclusively to our Designated Copyright Agent using the contact details below:

2.2 Exclusivity of Agent Communications

IMPORTANT NOTE: The contact information provided above is strictly and exclusively for submitting formal statutory DMCA notices of copyright infringement and counter-notifications.

Non-copyright inquiries, such as general customer service requests, beat licensing questions, technical download issues, or refund requests, sent to the Designated Copyright Agent email will not receive a response and should be directed to our general support team at info@madscientificproductions.com.

SECTION 3: FORMAL DMCA TAKEDOWN NOTIFICATION REQUIREMENTS

3.1 Mandatory Elements of a Valid Takedown Notice

To submit a legally effective DMCA Notice of Infringement under 17 U.S.C. § 512(c)(3), the copyright owner or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed must provide a written communication (via email or physical mail) to our Designated Copyright Agent that includes substantially all of the following information:

1. a. Physical or Electronic Signature: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. b. Identification of Copyrighted Work: Clear identification of the copyrighted work claimed to have been infringed (e.g., sound recording title, composition name, lyrics, or album artwork). If multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works must be provided.
3. c. Identification of Infringing Material: Specific 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, along with information reasonably sufficient to permit Company to locate the material (e.g., direct URLs pointing to the specific beat, preview track, or file listing on the Platform).
4. d. Contact Information: Information reasonably sufficient to permit Company to contact the complaining party, such as full legal name, physical address, telephone number, and email address.
5. e. Statement of Good Faith: A formal statement that the complaining party has 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 (including fair use).
6. f. Statement Under Penalty of Perjury: A formal statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.2 Incomplete Notices and Non-Compliance

Under 17 U.S.C. § 512(c)(3)(B), if a notification fails to comply substantially with all the mandatory requirements set forth in Section 3.1 above, it shall not be considered providing actual knowledge or awareness of facts or circumstances from which infringing activity is apparent. Company reserves the right to reject, ignore, or request revision of any incomplete or defective takedown notice that fails to satisfy statutory requirements.

SECTION 4: TAKEDOWN PROCEDURE AND EXPEDITED REMOVAL

4.1 Receipt and Initial Verification

Upon receipt of a written notification that substantially satisfies the statutory requirements set forth in Section 3, Company shall execute the following expedited operational protocol:

1. a. Log and Archive: Record the timestamp of receipt, the identity of the complaining party, the specific URLs/files identified, and the legal nature of the claim within Company’s internal compliance records.
2. b. Expedited Content Disabling: Promptly take reasonable steps within Company’s control to remove, hide, or disable public access to the specific audio file, stream preview, metadata, or digital product listing identified as allegedly infringing, including, where applicable, requesting or facilitating removal or disabling through an integrated or embedded third-party service provider.
3. c. Preservation of Evidence: Preserve relevant underlying audio files, records, download history, transaction metadata, and other evidence within Company’s possession or control for potential legal or administrative proceedings and, where appropriate, take reasonable steps to request preservation of relevant records maintained by applicable third-party service providers.

4.2 Notice to the Target User / Uploader

Promptly after removing or disabling access to the material, Company will take reasonable, good-faith steps to notify the user, licensee, or content provider who posted or uploaded the affected material (“Target User”).

This notice will be sent via electronic mail to the primary email address provided by the Target User during checkout or correspondence and will include:

1. a. A statement that the specified material has been removed or access disabled pursuant to a formal DMCA takedown notice
2. b. A full copy of the DMCA Notice of Infringement received by Company (excluding sensitive personal details where redaction is legally permissible); and
3. c. Complete instructions on the statutory right and procedure to submit a formal DMCA Counter-Notification under 17 U.S.C. § 512(g).

SECTION 5: COUNTER-NOTIFICATION REQUIREMENTS AND RESTORATION PROTOCOL

5.1 Right to Submit a Counter-Notification

If a Target User believes in good faith that material was removed or disabled as a result of mistake, misidentification, or improper interpretation of copyright law (including valid license rights, fair use, or ownership of original works), the Target User may contest the takedown by submitting a formal written DMCA Counter-Notification to our Designated Copyright Agent.

5.2 Mandatory Elements of a Valid Counter-Notification

To be legally effective under 17 U.S.C. § 512(g)(3), a Counter-Notification must be a written communication sent to our Designated Copyright Agent that includes substantially all of the following elements:

1. a. Physical or Electronic Signature: A physical or electronic signature of the Target User.
2. b. Identification of Removed Material: Specific identification of the material that has been removed or to which access has been disabled, and the location (e.g., exact URL) at which the material appeared before it was removed or access was disabled.
3. c. Statement Under Penalty of Perjury: A statement under penalty of perjury that the Target User has 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. d. User Contact Details and Consent to Jurisdiction: The Target User’s full legal name, physical address, telephone number, and email address, along with a formal statement that:
5. e. The Target User consents to the jurisdiction of the Federal District Court for the judicial district in which the Target User’s physical address is located, or if the Target User’s address is outside of the United States, for the United States District Court for the Eastern District of Pennsylvania; and
6. f. The Target User will accept service of process from the person who provided the original DMCA Takedown Notice or an agent of such person.

5.3 Statutory Protocol Upon Receipt of Counter-Notification

Upon receipt of a legally compliant Counter-Notification, Company will strictly adhere to the statutory restoration procedure required under 17 U.S.C. § 512(g)(2)(B) and (C) by taking the following steps:

1. a. Forwarding the Notice: Company will promptly provide the complaining party (the original copyright owner who filed the takedown) with a full, unredacted copy of the Target User’s Counter-Notification.
2. b. Notification of Impending Restoration: Company will inform the complaining party that the removed or disabled material is scheduled to be restored to the Platform within ten (10) to fourteen (14) business days.
3. c. Statutory Waiting Period: Company will wait a minimum of ten (10) business days, but no more than fourteen (14) business days, following the receipt of the valid Counter-Notification before taking further action.
4. d. Final Action – Restoration or Permanent Disabling:
5. ● If No Legal Action is Taken: Company will take reasonable steps within its control to replace and restore public access to the removed material on the Platform at the conclusion of the applicable statutory waiting period, including, where necessary, requesting or facilitating restoration through an integrated or embedded third-party service provider.
6. ● If a Court Action is Filed: Company will not restore the material if, during that 10-to-14 business-day window, our Designated Copyright Agent receives formal written notice from the complaining party that they have filed a lawsuit seeking a court order to restrain the Target User from engaging in infringing activity relating to the material on the Platform. In such an event, the material will remain permanently disabled pending the outcome of the litigation.

SECTION 6: REPEAT INFRINGER TERMINATION POLICY

6.1 Statutory Obligation under 17 U.S.C. § 512(i)

In strict compliance with the mandate set forth in Section 512(i)(1)(A) of the Digital Millennium Copyright Act, Omniforge Holdings LLC d/b/a Mad Scientific Productions maintains and implements a policy that provides for the immediate restriction and termination, in appropriate circumstances, of digital download access, storefront privileges, and transaction rights of users, creators, or licensees who are determined to be repeat copyright infringers.

6.2 Definition of a Repeat Infringer

A “Repeat Infringer” is defined as any individual, entity, or licensee who:

1. a. Has been the subject of two (2) or more valid, non-contested DMCA Takedown Notices received by Company; or
2. b. Has repeatedly uploaded, posted, embedded, or distributed copyrighted sound recordings, compositions, or media without valid legal authorization, license, or clearance; or
3. c. Has submitted bad-faith or fraudulent DMCA notices or counter-notifications that have been determined to be false or abusive.

6.3 Access Restrictions, Banning, and Legal Consequences

Upon an individual being designated as a Repeat Infringer under our policy standards, Company will execute the following administrative actions without prior notice:

1. a. Access Ban: Blocking associated IP addresses, email accounts, and payment profiles to prevent future purchases, transactions, or Platform interactions.
2. b. Download Access Revocation: Immediate cancellation or disabling of active beat download links and digital file tokens within Company’s control, including, where applicable, download access provided through integrated or embedded third-party service providers.
3. c. Refusal of Future Services: Absolute refusal to process future beat licenses, custom requests, or digital sales for the offending party.

SECTION 7: MISREPRESENTATION AND PERJURY PENALTIES

7.1 Liability for False or Fraudulent Notices

Under Section 512(f) of the Digital Millennium Copyright Act (17 U.S.C. § 512(f)), any person who knowingly materially misrepresents:

• – That material or activity on the Platform is infringing a copyright; or
• – That material or activity was removed or disabled by mistake or misidentification,

shall be held fully liable for any monetary damages, including court costs and reasonable attorneys’ fees, incurred by the alleged infringer, by any copyright owner or authorized licensee, or by Omniforge Holdings LLC d/b/a Mad Scientific Productions, who is injured by such misrepresentation as a result of relying upon such misrepresentation in removing or disabling access to the material or activity, or in replacing it.

7.2 Good-Faith Duty and Fair Use Considerations

Before submitting a formal DMCA Takedown Notice to Company, a copyright owner or their authorized agent has a legal obligation under federal case law (including Lenz v. Universal Music Corp.) to consider whether the target material constitutes non-infringing fair use under 17 U.S.C. § 107, an implied license, or a valid contract right. Submitting bad-faith, automated, or unverified takedown claims against legitimate beat licenses, fair-use commentary, or authorized royalty-free content constitutes actionable misrepresentation under this policy.

7.3 Investigation and Referral for Legal Prosecution

Company reserves the right to review, audit, and investigate any suspected fraudulent, abusive, or bad-faith DMCA notifications or counter-notifications. In addition to blocking access for parties submitting deceptive notices, Company may refer instances of intentional misrepresentation, copyright fraud, or perjury to law enforcement authorities or initiate direct civil litigation to recover costs, legal expenses, and operational damages.

SECTION 8: GOVERNING LAW AND POLICY MODIFICATIONS

8.1 Governing Law

This DMCA Policy and all matters relating to its interpretation, enforcement, or valid implementation shall be governed by, construed, and enforced in accordance with:

• – The federal copyright laws of the United States of America, specifically Title 17, United States Code (including the Digital Millennium Copyright Act); and
• – To the extent not preempted by federal copyright law, the substantive laws of the Commonwealth of Pennsylvania, without regard to its choice-of-law or conflict-of-law provisions.

8.2 Severability and Statutory Alignment

If any provision or requirement of this DMCA Policy is found by a court of competent jurisdiction or the United States Copyright Office to be invalid, illegal, or unenforceable under applicable copyright statutes, that specific provision shall be limited or eliminated to the minimum extent necessary, and the remaining sections of this DMCA Policy shall continue in full force and effect to preserve Company’s safe harbor immunity under 17 U.S.C. § 512.

8.3 Right to Modify Policy

Company reserves the right, in its sole discretion, to modify, update, or revise this DMCA Policy at any time to maintain full compliance with changes in federal copyright legislation, administrative rules promulgated by the U.S. Copyright Office, or binding judicial precedents. Any updates will be effective immediately upon posting to the Platform, marked by an updated “Last Updated” date at the top of this document.