Digital Millennium Copyright Act (DMCA) Policy
Agile Ticketing Solutions, LLC ("Agile") takes the intellectual property rights of others seriously and requires that our users do the same. The Digital Millennium Copyright Act, 17 U.S.C. 501, et seq., as may be amended from time to time (the "DMCA"), establishes a process for addressing claims of copyright infringement, which we have implemented for the Sites.
You acknowledge and agree that this DMCA Policy is a material part of and integrated into our Terms of Service, which can be found at https://agiletix.com/terms-of-service/ (the "TOS"). Any capitalized term used but not defined in this DMCA Policy shall have the same meaning as in the TOS.
By accessing or using the Sites, you agree to comply with this DMCA Policy. Violations may result in suspension or termination of access, as well as other legal or remedial actions outlined herein.
1. DMCA Claims
(a) If you own a copyright or have the authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through the Sites, we will expeditiously take appropriate action once you send a notice to our designated copyright agent that includes all of the following:
(i) A description of the copyrighted work or material you claim is infringing and that you want removed or access to which you want disabled;
(ii) The URL or other location of that material sufficient for us to locate it;
(iii) Your name, address, telephone number, and email address;
(iv) The following statement:
"I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
(v) The following statement:
"The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed."
(vi) An electronic or physical signature of the copyright owner or a person authorized to act on the owner's behalf.
(b) Your failure to comply with all of the requirements of 17 U.S.C. § 512(c)(3) may result in your DMCA Notice being ineffective. Please be aware that if you knowingly misrepresent that material or activity on the Sites infringes your copyright, you may be held liable for damages (including costs and attorneys' fees) under 17 U.S.C. § 512(f).
2. Counter-Notification Procedures
(a) If you believe that material you posted on the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include all of the following:
(i) A description of the material that was removed or disabled and the location where it previously appeared before removal;
(ii) Your name, address, telephone number, and email address;
(iii) The following statement:
"I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
(iv) The following statement:
"I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or any judicial district in which the Sites may be found if my residence is outside the United States), and I will accept service from the person (or an agent of that person) who provided the Sites with the complaint at issue."
(v) Your electronic or physical signature.
(b) The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a federal lawsuit against you within 10 business days of receiving a copy of your Counter-Notice. However, we are not obligated to restore removed content and reserve the right to keep the material offline at our discretion.
(c) Please be aware that if you knowingly misrepresent that material or activity on the Sites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under 17 U.S.C. § 512(f).
3. Designated Copyright Agent
(a) You may submit copyright infringement claims or counter-notifications to our designated copyright agent (the "Copyright Agent"):
By mail to:
Agile Ticketing Solutions, LLC
3810 Central Pike STE 301
Hermitage, TN. 37076
ATTN: Copyright Agent
By email to: dmca@agiletix.com
Subject line: Copyright Agent
THIS PROCESS IS EXCLUSIVELY FOR ACCEPTING THE SUBMISSION OF COPYRIGHT INFRINGEMENT NOTICES UNDER THE DMCA. ANY OTHER INQUIRIES WILL BE IGNORED AND WILL NOT RECEIVE A RESPONSE.
4. Removal Upon Request
(a) You acknowledge and agree that if we receive a valid copyright infringement notice, we may:
(i) immediately remove or disable access to the identified materials without liability to you or any other party;
(ii) notify the user who uploaded the material of the claim and removal action; and
(iii) provide the Complaining Party with instructions on pursuing further legal remedies, if applicable.
(b) The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice.
(c) Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
5. Repeat Infringers
In appropriate circumstances and at our sole discretion, we may disable or terminate the accounts of users who are determined to be repeat infringers. This does not limit our ability to pursue any other remedies available to us under the law.
6. No Assumption of Liability
Agile operates as a service provider under the DMCA and claims safe harbor protections under 17 U.S.C. § 512(c). Agile assumes no liability for any user-uploaded content, and we will act in accordance with the DMCA's notice-and-takedown framework.
7. Internal Use Disclaimer
(a) This procedure is intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but does not constitute legal advice. IT IS ADVISABLE TO CONTACT AN ATTORNEY REGARDING YOUR RIGHTS AND OBLIGATIONS UNDER THE DMCA AND OTHER APPLICABLE LAWS.
(b) If you have claims regarding other intellectual property rights beyond copyright (e.g., trademark infringement), please direct them to the Copyright Agent. In our sole discretion, we may terminate the accounts of those accused of repeated intellectual property violations.
8. Indemnification
(a) You agree to indemnify, defend, and hold Agile and Agile Associates harmless from and against any and all Claims arising out of or related to:
(i) your upload, display, or distribution of content that infringes or misappropriates any third party's copyright, trademark, or other intellectual property right;
(ii) your failure to comply with the requirements of the DMCA; or
(iii) any misrepresentation you make or made in connection with a DMCA Notice or Counter-Notice.
(b) This indemnification obligation survives termination of your use of the Sites and Services.