Last updated: June 6, 2026

DMCA Policy & Copyright Infringement

BrandInGang LLC ("Company," "we," "us," "our") respects the intellectual property rights of others and expects all users of the BrandInGang Fans platform (the "Service") to do the same. This policy outlines our procedures for responding to claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512.

1. DMCA Safe Harbor Statement

BrandInGang LLC operates as an online service provider as defined under 17 U.S.C. § 512(c). We provide a platform that allows users to upload, store, and share content. We qualify for safe harbor protection under the DMCA because:

  • We do not have actual knowledge that material on our platform is infringing.
  • In the absence of such actual knowledge, we are not aware of facts or circumstances from which infringing activity is apparent.
  • Upon obtaining knowledge or awareness of infringing material, we act expeditiously to remove or disable access to such material.
  • We do not receive a financial benefit directly attributable to the infringing activity, in cases where we have the right and ability to control such activity.
  • We have designated an agent to receive notifications of claimed infringement as required by the DMCA.

2. Designated Agent

Our designated agent for receiving DMCA takedown notices is:

  • Name: DMCA Compliance Officer, BrandInGang LLC
  • Email: dmca@brandingang.com
  • Address: BrandInGang LLC, ATTN: DMCA Agent, Wilmington, Delaware, United States

Our designated agent is registered with the U.S. Copyright Office as required under 17 U.S.C. § 512(c)(2).

3. Filing a Takedown Notice

If you believe that content on our Service infringes your copyright, you may submit a takedown notification to our Designated Agent. Under 17 U.S.C. § 512(c)(3), your notification must include ALL of the following elements to be effective:

  1. 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. If multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. 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 (e.g., direct URL(s) to the infringing content).
  4. Contact information of the complaining party, including name, address, telephone number, and email address.
  5. A 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.
  6. A 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.

Important: Notifications that do not substantially comply with all six requirements above may not receive a response. We may request additional information before acting on incomplete notices.

Upon receipt of a valid takedown notice, we will expeditiously remove or disable access to the allegedly infringing content, notify the user who posted the content, and provide them with a copy of the takedown notice (with the complainant's personal contact information redacted where appropriate).

4. Counter-Notification

If you believe your content was removed in error or that you have authorization to use the material, you may submit a counter-notification to our Designated Agent. Under 17 U.S.C. § 512(g)(3), your counter-notification 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 if outside the United States, any judicial district in which BrandInGang LLC may be found), and that you will accept service of process from the person who provided the original takedown notification or an agent of such person.

5. Put-Back Policy

Upon receipt of a valid counter-notification, we will:

  1. Promptly provide the original complainant with a copy of the counter-notification.
  2. Inform the complainant that we will restore the removed material in ten (10) to fourteen (14) business days.
  3. Restore the removed material within ten (10) to fourteen (14) business days after receiving the counter-notification, unless our Designated Agent first receives notice from the complainant that they have filed a court action seeking a restraining order against the user who posted the content.

If the complainant does not file a court action within the 10–14 business day window, the content will be restored and the matter will be considered resolved.

6. Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), we have adopted and reasonably implement a policy for the termination of repeat infringers:

  • First Strike: Content removed. Written warning issued to the user's account. The user is notified of this policy.
  • Second Strike: Content removed. Final warning issued. The user's upload privileges may be temporarily restricted.
  • Third Strike: Permanent termination of the user's account. All content removed. The user is permanently banned from creating new accounts on the Service.

Strikes are counted based on valid takedown notices for which no successful counter-notification was filed. Strikes that are successfully counter-noticed (and for which no court action is filed) will be removed from the user's record. We reserve the right to terminate any account at any time for egregious or willful infringement regardless of the number of prior strikes.

7. Good Faith Requirement

The DMCA provides that any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner or licensee, or the service provider. See 17 U.S.C. § 512(f).

Warning: Filing a false DMCA takedown notice or counter-notification is perjury. Before filing a notice, please ensure that you are the copyright owner or authorized to act on behalf of the copyright owner, and that the use of the material is genuinely unauthorized. Abuse of the DMCA process may result in termination of your account, legal liability, and referral to law enforcement.

8. Red Flag Knowledge

While we do not proactively monitor all content uploaded to the Service, we act expeditiously to remove or disable access to content when we become aware of facts or circumstances from which infringing activity is apparent ("red flag" knowledge). If you encounter content that you believe clearly infringes a copyright (beyond what would require a detailed legal analysis), please report it to dmca@brandingang.com even if you are not the rights holder, and we will investigate promptly.

9. No Obligation to Monitor

We are not obligated to, and do not, pre-screen, monitor, or review all content uploaded to the Service for potential copyright infringement. The volume of content uploaded makes comprehensive pre-screening impractical. We rely on copyright holders and our designated notice-and-takedown process to identify and address infringing content. Nothing in this policy shall be construed to impose an affirmative duty on us to seek out infringing material.

10. Subpoena Compliance

Pursuant to 17 U.S.C. § 512(h), a copyright owner may request a subpoena from a federal court clerk to identify an alleged infringer. Upon receipt of a valid subpoena issued under the DMCA, we will expeditiously disclose the information required to identify the alleged infringer to the extent such information is available to us. We may notify the affected user of the subpoena unless prohibited by law or court order from doing so.

11. Contact Information

For all DMCA-related communications:

  • Email: dmca@brandingang.com
  • Subject Line: "DMCA Takedown Notice" or "DMCA Counter-Notification"
  • Address: BrandInGang LLC, ATTN: DMCA Agent, Wilmington, Delaware, United States

We aim to acknowledge receipt of all notices within two (2) business days and to process valid notices within five (5) business days.