DMCA Policy

1. Introduction

TKGem ("TKGem", "we", "our", "us") respects the intellectual property rights of creators and rights holders. We take copyright matters seriously and have established a robust DMCA (Digital Millennium Copyright Act) process designed to balance the rights of copyright owners with the interests of our users. While we are an India-focused platform, we adopt globally recognized best practices for copyright handling.

This DMCA Policy explains how to submit a valid DMCA notice, how we process takedowns, how to file a counter-notice if you believe a removal was erroneous, and our approach to repeat infringers. It applies to all content hosted or displayed on the Platform, including images, text, videos, game assets, user-generated content, and promotional materials.

2. Scope & Definitions

This policy covers alleged copyright infringement on the Platform. "Copyright" refers to legal protections granted to original works of authorship including literary, artistic, musical, and audiovisual works. "Infringement" includes unauthorized copying, distribution, display, or derivative creation of protected content.

We distinguish between content we control (platform assets, branding) and content provided by partners or users. For third-party content embedded or linked (e.g., provider assets), the appropriate rights owner or platform may need to be contacted directly.

3. Copyright Policy

We prohibit the unauthorized use of copyrighted material on the Platform. Upon receiving a valid DMCA notice, we promptly review and, where appropriate, remove or disable access to the allegedly infringing content. We notify the user responsible and provide information about the claim and their rights to respond.

We maintain procedures to prevent repeat infringement, and we encourage rights holders to submit detailed notices to help us identify content accurately and take action quickly.

4. How to Submit a DMCA Notice

To submit a valid DMCA notice, please provide the following information (preferably via email):

• Contact details of the complaining party (name, company, address, email, phone).
• Identification of the copyrighted work claimed to be infringed (titles, descriptions, registration numbers where available).
• Precise identification of the infringing material and its location on the Platform (specific URLs or paths).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement confirming the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner.
• Your physical or electronic signature (typed full name is acceptable for email submissions).

Send notices to: dmca@tkgem.io with the subject line "DMCA Notice - [Work Title]". We aim to acknowledge receipt within 24 hours and begin review immediately.

5. Takedown Review & Process

After receiving a notice, we verify its completeness and legitimacy. If valid, we will:

• Temporarily disable or remove access to the identified content.
• Notify the user responsible for the content with details of the claim.
• Provide instructions for submitting a counter-notice if they believe removal was a mistake.
• Record the claim in our internal tracking system for audit and transparency.

If the notice is incomplete, we will request additional information from the rights holder before taking action.

6. Counter-Notice Procedure

If you believe that your content was removed in error or misidentification, you can submit a counter-notice containing:

• Your contact information (name, address, email, phone).
• Identification of the content that has been removed or disabled and its location before removal.
• A statement under penalty of perjury that you have a good-faith belief the content was removed due to mistake or misidentification.
• Your consent to the jurisdiction of the appropriate courts and acceptance of process from the complaining party.
• Your physical or electronic signature.

Send counter-notices to: dmca@tkgem.io with the subject line "DMCA Counter-Notice - [Content Reference]". We will review promptly and, where appropriate, restore the content unless the rights holder initiates legal action.

7. Repeat Infringer Policy

We maintain a strict policy against repeat infringement. Users who repeatedly upload or share infringing content may face account restrictions or termination, depending on severity and frequency. We assess each case individually, considering intent, cooperation, and remediation efforts.

We encourage users to respect intellectual property and use only content they own or have permission to use.

8. User Responsibilities & Best Practices

• Upload or share only content you own or have licensed rights to use.
• Credit creators and respect licenses when using shared assets.
• Respond promptly to notifications and provide accurate information.
• Avoid using bots or scrapers to copy content from other platforms.

Users who operate affiliate or promotional pages linked to TKGem must adhere to these standards and ensure any materials used are authorized.

9. Content Types Covered

This policy applies to: images, logos, graphics, text, blog posts, guides, videos, audio, game assets, promotional banners, and user-generated content. If you believe your work appears on the Platform without authorization, please include clear evidence and references in your notice.

10. Fair Use, Exceptions & Limitations

Some uses of copyrighted material may be permitted under applicable law, such as commentary, criticism, news reporting, teaching, scholarship, or research. We consider fair use factors where relevant and may request additional context to evaluate claims. However, fair use is not a blanket exception and depends on the specific circumstances.

11. Transparency & Record-Keeping

We maintain records of notices, actions taken, and resolutions. Where appropriate, we may publish aggregated transparency reports without personal data to demonstrate our commitment to fair, lawful copyright handling.

12. Mistaken or Abusive Claims

Submitting false, misleading, or abusive DMCA notices can cause harm and may have legal consequences. We reserve the right to reject invalid notices and take action against abusive behavior, including restricting future submissions.

13. Third-Party Platforms & Embedded Content

Some content may be hosted by third-party providers or embedded from external platforms. In these cases, takedowns may need to be directed to the hosting provider. We may facilitate communication but cannot guarantee removal where we do not control hosting.

14. Privacy in DMCA Handling

We handle DMCA notices with respect for privacy. Notices and counter-notices are stored securely and shared only with parties necessary to process the claim (e.g., the uploader, legal counsel). We do not publish personal contact details contained in notices.

15. Updates to This Policy

We may update this DMCA Policy to reflect changes in law, industry practices, or our operations. Material updates will be communicated via in-platform notices or email. The current version is always available on this page.