DMCA Notice & Takedown Policy

Capsure, operated by Brilliant Monkey, LLC, respects intellectual-property rights and complies with the notice-and-takedown provisions of the U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

1. Designated Copyright Agent

Designated Agent:
Brilliant Monkey, LLC
6597 Janero Bay South, Cottage Grove, MN 55016, USA
Email: [email protected]

2. How to send a takedown notice

To notify Capsure that copyrighted material on the Service is infringing your rights, send a written notice to [email protected] that includes all of the following (17 U.S.C. § 512(c)(3)):

1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the exclusive right being infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works, a representative list.
3. Identification of the material claimed to be infringing and information reasonably sufficient to let us locate it — including a direct URL on Capsure.
4. Your name, address, telephone number, and email address.
5. A statement that you have a good-faith belief that the use complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner's behalf.

Knowingly material misrepresentations in a DMCA notice may subject you to liability under 17 U.S.C. § 512(f).

3. Our response

Upon receipt of a valid notice, we will:

• expeditiously remove or disable access to the allegedly infringing material;
• notify the User who uploaded the material; and
• provide the User with the notice so they may submit a counter-notice if appropriate.

4. Counter-notice procedure

If your Content was removed and you believe it was not infringing or that removal was a mistake (for example, fair use), you may send a counter-notice to [email protected] including (17 U.S.C. § 512(g)(3)):

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location where it appeared before removal.
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and phone 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, the federal court for Minnesota), and that you will accept service of process from the person who provided the original notice or an agent of that person.

If we receive a valid counter-notice, we will forward it to the original complainant. Unless the complainant notifies us within 10–14 business days that they have filed a court action to restrain the conduct, we may restore the material.

5. Repeat-infringer policy

Capsure will terminate, in appropriate circumstances, accounts of Users who are repeat copyright infringers, as required by 17 U.S.C. § 512(i)(1)(A).

6. Trademark and other IP

For trademark and other non-copyright intellectual-property complaints, contact [email protected] with the same kinds of information described above.

7. Contact

[email protected]
Brilliant Monkey, LLC, 6597 Janero Bay South, Cottage Grove, MN 55016, USA