§1Designated agent
Notices of claimed copyright infringement must be sent to our DMCA-designated agent. The full agent record is registered with the U.S. Copyright Office at dmca.copyright.gov/osp/.
Josh Villemarette
DMCA Agent, Villemarette Software LLC
Email: dmca@piccull.com
[Mailing address — populate from Copyright Office registration]
§2What a takedown notice must include
To be effective under §512(c)(3), a notice must include:
- A physical or electronic signature of the rights-holder or authorized agent.
- Identification of the copyrighted work claimed to have been infringed (URL, registration number where available).
- Identification of the material claimed to be infringing, with enough detail for us to locate it — at minimum, the listing URL on PicCull or eBay and a description of the specific photo or text.
- Your contact information: name, address, telephone number, email.
- A statement that you have a good-faith belief that the use is not authorized by the rights-holder, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the rights-holder or authorized to act on its behalf.
Send the notice to dmca@piccull.com. We do not accept notices by Twitter, in-app messages, or social-media direct messages.
§3Our response window
We aim to acknowledge takedown notices within 72 hours and to remove or disable access to material that appears to infringe within 24 hours of acknowledgment. We will email the user who uploaded the material to inform them of the takedown and to provide a copy of the notice.
§4Counter-notice procedure
If your content was removed and you believe in good faith that the takedown was a mistake or that the material is non- infringing, you may send a counter-notice that includes:
- Your physical or electronic signature.
- Identification of the material removed and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good- faith belief the material was removed by mistake or misidentification.
- Your contact information and a statement consenting to jurisdiction in the federal district court for your address (or, if outside the US, the Western District of Oklahoma), and that you will accept service of process from the original notice sender.
Send counter-notices to dmca@piccull.com. We forward valid counter-notices to the original notice sender and, if they don’t file an action seeking a court order within 10–14 business days, we may restore the material.
§5Repeat-infringer policy
Accounts that receive three (3) valid DMCA takedown notices within any 12-month period will be terminated. Repeat-infringer terminations are recorded for our compliance defense and forfeit any remaining subscription credit per our Refund Policy.
§6Knowingly false notices
Under §512(f), anyone who knowingly misrepresents in a takedown notice or counter-notice that material is or is not infringing may be liable for damages. We may forward such notices to relevant authorities or to the affected user’s counsel.