Digital Millennium Copyright Act ("DMCA") Policy and Procedures

Xpodigital respects the intellectual property rights of others. Pursuant to the DMCA, Xpodigital will respond expeditiously to claims of copyright infringement for material displayed on our website or through our Content Management System (“CMS”) if submitted to Xpodigital's Copyright Agent according to the process described below. Upon receipt of a notice alleging copyright infringement, Xpodigital will take whatever action it deems appropriate in its sole discretion, which may include removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

Process for Claims of Infringement

If you believe that your intellectual property rights have been violated by Xpodigital, or by a third party who has uploaded materials to our CMS, create a notice containing the following information:

Information Collection 

  1. A clear description of the copyrighted work or other intellectual property that you allege to have been infringed;

  2. A description of the location(s) that you have seen the alleged infringing material on either the website or any of our digital signage locations, or, if multiple copyrighted works are at issue, a representative list of such material;

  3. The address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Xpodigital, can contact you;

  4. A statement that you have a good faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed; and

  6. Your electronic or physical signature.

Information Use

We collect Information for several business reasons:

  1. To better understand your needs as a customer or potential customer;

  2. To improve our services, products and business operations and to engage in other business related communication with you;

  3. To send you promotional communications containing information we think you will find interesting;

  4. To contact you to fill out surveys and participate in other types of market research;

  5. To customize our Websites according to your online behavior and personal preferences; and

  6. To diagnose problems with our server and to administer our Websites more effectively.

Send the notice, including all of the information listed above, to Xpodigital’s Copyright Agent:

Copyright Compliance Agent
8350 Parkline Blvd., Suites 1—3
Orlando, FL 32809
844-976-8324
copyrightcompliance@xpodigital.net

Xpodigital may request additional information before removing any allegedly infringing material. Upon obtaining all required information, Xpodigital will act expeditiously to remove, or disable access to, the subject material. Please be aware that there are substantial penalties for false claims.

In the event Xpodigital removes the allegedly infringing materials, Xpodigital will immediately notify the person responsible for posting such materials that Xpodigital removed or disabled access to the materials. Xpodigital may also provide the responsible person with your email address so that the person may respond to your allegations.

Process for Responding to Wrongful Claims of Infringement

If a notice of copyright infringement has been wrongly filed against you based on material displayed either on Xpodigital’s website or through our CMS, you may submit a counter notification to our Copyright Agent. A valid counter notification is written communication that incorporates the following elements:

  1. A physical or electronic signature of the poster;

  2. Identification of the material that has been removed or to which access has been disabled and the location(s) at which the material appeared before it was removed or access to it 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;

  4. Your name, address, and telephone number;

  5. A statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and

  6. A statement that you will accept service of process from the complainant

Upon receipt of a counter notification described above, Xpodigital will promptly provide the person who provided the original infringement notice with a copy of the counter notification and inform that person that Xpodigital will replace the removed material or cease disabling access to it in 10 business days.

We may subsequently replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Xpodigital’s Copyright Agent first receives notice from the person who submitted the original infringement notice that such person has filed an action seeking a court order to restrain alleged infringing party from engaging in infringing activity relating to the alleged infringing material.

Important Notice

The information contained on this page should not be construed as legal advice. You should seek independent legal counsel before filing a notification or counter notification.

If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury.

For additional information regarding the DMCA, consult the United States Copyright Office website at: http://www.copyright.gov.