DMCA Policy

1. Introduction

SparkShift, LLC ("SparkShift," "we," "us," or "our") respects the intellectual property rights of others and expects our users to do the same. This Digital Millennium Copyright Act ("DMCA") Policy outlines our procedures for responding to notices of alleged copyright infringement in accordance with the DMCA (17 U.S.C. § 512).

SparkShift operates as a service provider under the DMCA and maintains a policy of terminating accounts of repeat infringers in appropriate circumstances.

2. Designated DMCA Agent

SparkShift has designated an agent to receive notifications of claimed copyright infringement. Our Designated Agent contact information is:

3. Filing a DMCA Takedown Notice

If you believe that content available on or through SparkShift infringes your copyright, you may submit a written notification to our Designated Agent. Your notice must include the following information:

1. Identification of the copyrighted work: A description of the copyrighted work that you claim has been infringed. If multiple works are covered by a single notification, provide a representative list.
2. Identification of the infringing material: A description of the material you claim is infringing, including the specific URL(s) or other location information sufficient for us to locate the material.
3. Your contact information: Your name, address, telephone number, and email address.
4. Good faith statement: A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. Accuracy statement: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
6. Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

4. Response Timeline

Upon receiving a valid DMCA takedown notice, SparkShift will:

• Acknowledge receipt within 24 hours (business days)
• Review and act on the notice within 48 hours, which may include:
  • Removing or disabling access to the allegedly infringing material
  • Notifying the user who posted the content
  • Providing the user with a copy of the takedown notice
• Document the action taken for our records

5. Counter-Notification Procedure

If you believe your content was removed or disabled by mistake or misidentification, you may file a counter-notification with our Designated Agent. Your counter-notification must include:

1. Your physical or electronic signature.
2. Identification of the removed material: A description of the material that was removed or disabled and the location where it appeared before removal.
3. Good faith statement: 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. Consent to jurisdiction: 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 U.S., the Eastern District of Michigan), and that you will accept service of process from the person who provided the original takedown notice.
5. Your contact information: Your name, address, telephone number, and email address.

Upon receiving a valid counter-notification, we will:

• Forward a copy to the original complainant
• Wait 10-14 business days for the complainant to file a court action
• Restore the removed material if no court action is filed within that period

6. Repeat Infringer Policy

SparkShift maintains a policy of terminating the accounts of users who are determined to be repeat infringers in appropriate circumstances. A repeat infringer is a user who has been the subject of more than one valid DMCA takedown notice.

7. Non-Consensual Intimate Images (TAKE IT DOWN Act)

In compliance with the TAKE IT DOWN Act (May 2025), SparkShift has implemented additional procedures for the removal of non-consensual intimate images (NCII).

8. Modifications to This Policy

SparkShift reserves the right to modify this DMCA Policy at any time. Changes will be effective immediately upon posting to our website. Your continued use of SparkShift after any changes indicates your acceptance of the modified policy.

9. Contact Information

If you have questions about this DMCA Policy, please contact us at: