DMCA Policy
Legal Document
GearSteal.com’s procedures for reporting copyright infringement, processing takedown notices, and filing counter-notifications under the Digital Millennium Copyright Act.
🌿 The Short Version (Plain English)
- GearSteal.com respects copyright law and responds promptly to valid infringement notices.
- If you believe your copyrighted work appears on our site without permission, you can submit a DMCA takedown notice to our designated agent.
- We will review valid notices and remove infringing content within 10 business days.
- If your content was removed in error, you can file a counter-notification to have it restored.
- Repeat copyright infringers will have their accounts terminated.
- Filing a false DMCA notice is a federal offence — only submit a notice if you genuinely own the rights.
01.
What Is the DMCA?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law enacted in 1998 that criminalises the production and dissemination of technology, devices, or services intended to circumvent digital rights management (DRM) measures, and also limits the liability of online service providers for copyright infringement by their users — provided those providers comply with specific procedures set out in the statute.
The DMCA is codified at 17 U.S.C. §§ 512, 1201–1205, 1301–1332 and 28 U.S.C. § 4001. The safe harbor provisions most relevant to GearSteal.com are found in 17 U.S.C. § 512, which provides liability protection for online service providers (“OSPs”) that comply with the notice-and-takedown process described in this policy.
Why This Policy Exists
- To protect the intellectual property rights of copyright owners whose work may appear on GearSteal.com without authorisation.
- To provide a clear, legally compliant mechanism for rights holders to request removal of infringing content.
- To protect legitimate users whose content has been incorrectly targeted through the counter-notification process.
- To maintain GearSteal.com’s safe harbor protections under 17 U.S.C. § 512, which limit our liability for user-generated content that infringes third-party copyrights.
- To demonstrate GearSteal.com’s good-faith commitment to respecting intellectual property rights.
02.
Our Safe Harbor Status
GearSteal.com operates as an online service provider (OSP) within the meaning of 17 U.S.C. § 512. We qualify for safe harbor protection under the following DMCA provisions, subject to compliance with the requirements of each:
Applicable Safe Harbor Provisions
| DMCA Section | Type of Content | Applies to GearSteal.com? |
|---|---|---|
| § 512(a) | Transitory digital network communications | Limited applicability |
| § 512(b) | System caching | Applicable to cached pages |
| § 512(c) | Information residing on systems at direction of users | Yes — user-submitted deals, comments, and content |
| § 512(d) | Information location tools (links) | Yes — affiliate links and external references |
Requirements We Meet to Maintain Safe Harbor
- We have registered a designated DMCA agent with the U.S. Copyright Office (see Section 3).
- We have published a DMCA takedown procedure and counter-notification procedure (this document).
- We respond expeditiously to valid takedown notices by removing or disabling access to allegedly infringing material.
- We do not have actual knowledge of the infringement or receive a financial benefit directly attributable to it where we have the right and ability to control it.
- We maintain and enforce a repeat infringer policy (see Section 13).
- We do not interfere with standard technical measures used by copyright owners to identify or protect their works.
03.
Our Designated DMCA Agent
In compliance with 17 U.S.C. § 512(c)(2), GearSteal.com has designated the following agent to receive notifications of claimed copyright infringement:
Designated DMCA Agent — GearSteal.com
- Name: [Full Legal Name of Agent]
- Title: DMCA Designated Agent / Legal Representative
- Organisation: GearSteal.com
- Email: dmca@gearsteal.com
- Subject line: DMCA Takedown Notice — [Brief Description]
- Mailing Address: [Full Business Address]
- Phone: [Phone Number — optional for DMCA purposes]
04.
What Content This Policy Covers
This DMCA Policy covers all content hosted on or linked from GearSteal.com, including:
Content on GearSteal.com That May Be Subject to DMCA Claims
- Written editorial content — articles, product reviews, buying guides, and deal descriptions created by our editorial team or contributors.
- Images and photography — product images, lifestyle photographs, or other visual media appearing on our pages.
- User-generated content — deals, coupon codes, comments, or reviews submitted by site visitors.
- Embedded media — videos, infographics, or other media embedded from third-party platforms that appear on GearSteal.com pages.
- Aggregated content — deal descriptions or product information that may reproduce or closely paraphrase copyrighted source material.
Content This Policy Does NOT Cover
- Content on third-party retailer websites — we link to retailer product pages but do not host that content. DMCA notices regarding retailer content must be directed to the retailer directly.
- Content on affiliate network platforms — AWIN, Amazon, ShareASale, and other network platforms host their own content governed by their own DMCA policies.
- Trademark disputes — DMCA is a copyright mechanism and does not cover trademark infringement. Trademark concerns should be raised via a separate legal process.
- Privacy or defamation complaints — these are not copyright issues and are handled under different legal frameworks. Contact us at legal@gearsteal.com for non-copyright content complaints.
05.
How to Submit a DMCA Takedown Notice
If you are a copyright owner, or an agent authorised to act on behalf of a copyright owner, and you believe that content on GearSteal.com infringes your copyright, you may submit a DMCA takedown notice by following the steps below.
Confirm you own the copyright (or are authorised to act)
Only the copyright owner or their authorised legal representative may submit a DMCA notice. Before proceeding, confirm that you hold the copyright in the work you believe has been infringed, or that you are legally authorised to act on the owner’s behalf.
Identify the infringing content on GearSteal.com
Locate the specific URL or URLs on GearSteal.com where the allegedly infringing content appears. A general description is not sufficient — you must provide enough detail for us to identify and locate the specific material.
Identify your original copyrighted work
Describe or link to the original work that you claim has been infringed. If multiple works are covered by a single notice, provide a representative list with identification for each.
Prepare your notice with all required elements
Your notice must include all six elements required by 17 U.S.C. § 512(c)(3) (see Section 6). Incomplete notices may not be processed. Use our template in Section 7 to ensure nothing is missed.
Send your notice to our designated agent
Email your completed notice to dmca@gearsteal.com with the subject line: “DMCA Takedown Notice — [Brief Description of Work]”. Do not send notices to general contact addresses — they may not be processed.
Await our acknowledgement and response
We will acknowledge receipt of your notice within 2 business days and take appropriate action within 10 business days. If we require additional information, we will contact you at the email address provided in your notice.
06.
Required Elements of a Valid DMCA Notice
To be valid under 17 U.S.C. § 512(c)(3), a DMCA takedown notice must contain all of the following six elements. Notices that are incomplete or do not substantially comply with these requirements may not be processed, and we may request that you resubmit a corrected notice.
The Six Required Elements
- Physical or electronic signature of the authorised person.A physical or electronic signature of the person authorised to act on behalf of the copyright owner. For email notices, typing your full legal name at the end of the notice constitutes an electronic signature.
- Identification of the copyrighted work claimed to be infringed.A description of the copyrighted work you claim has been infringed. If multiple works are covered, you may provide a representative list. Include a link to the original work if it is accessible online.
- Identification of the infringing material and its location.A description of the material you claim is infringing and its location on GearSteal.com — including the specific URL(s) where the material is located. This must be specific enough for us to identify and locate the material.
- Your contact information.Your full name, mailing address, telephone number, and email address, so that we can contact you regarding your notice.
- A statement of good-faith belief.A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
- A statement of accuracy and authority, under penalty of perjury.A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorised to act on behalf of the copyright owner of the work that is allegedly infringed.
07.
DMCA Takedown Notice Template
You may use the following template to prepare your DMCA takedown notice. Copy and complete all fields before sending to dmca@gearsteal.com.
📋 DMCA Takedown Notice Template
dmca@gearsteal.com
Organisation (if applicable): ___________________________
Mailing Address: ___________________________
City, State/Province, Postal Code, Country: ___________________________
Telephone: ___________________________
Email Address: ___________________________
Date: ___________________________
08.
What Happens After We Receive Your Notice
Upon receiving a DMCA takedown notice, GearSteal.com will follow the procedure outlined below. Our timeline complies with the “expeditious” standard required by 17 U.S.C. § 512(c).
Acknowledgement of Receipt
We will send an acknowledgement to the email address provided in your notice confirming that we have received and are reviewing your DMCA claim.
Initial Review
Our designated agent reviews the notice for completeness and apparent validity. If the notice is incomplete, we will contact you to request the missing information. If we identify an obvious defect (e.g. the URL provided does not exist on our site), we will notify you.
Content Removal or Disabling
If the notice is complete and facially valid, we will remove or disable access to the allegedly infringing material. We will notify the user who posted the content (if applicable) that their content has been removed and provide them with a copy of the notice.
Counter-Notification Period
Following removal, the affected user has the right to submit a counter-notification (see Section 9). If a valid counter-notification is received, we will notify you and may restore the content after 10–14 business days unless you notify us that you have filed a court action.
Record Keeping
We maintain records of all DMCA notices received and actions taken, as required for our safe harbor protections. These records are retained for a minimum of three years.
Circumstances Where We May Not Remove Content
- The notice is materially incomplete or fails to meet the statutory requirements of 17 U.S.C. § 512(c)(3).
- We have a reasonable basis to believe the use constitutes fair use (though we will typically notify the submitter of this assessment).
- The identified content does not appear on GearSteal.com at the URL provided.
- The notice appears to be submitted in bad faith or as a form of abuse rather than a genuine copyright claim.
09.
Counter-Notification Procedure
If you are a user of GearSteal.com and your content has been removed or disabled as a result of a DMCA takedown notice, and you believe the removal was made in error — for example, because you have the right to use the content, or the content was misidentified — you have the right to submit a counter-notification under 17 U.S.C. § 512(g).
Grounds for a Valid Counter-Notification
You may submit a counter-notification if you believe:
- The content was removed as a result of mistake or misidentification — for example, your content was confused with someone else’s.
- You have a licence or permission from the copyright owner to use the material.
- The content is in the public domain and therefore not subject to copyright protection.
- Your use of the content constitutes fair use, fair dealing, or another exception to copyright under applicable law.
- The DMCA notice was submitted in bad faith or contains materially false information.
10.
Required Elements of a Counter-Notification
To be valid under 17 U.S.C. § 512(g)(3), a counter-notification must contain all of the following elements:
- Your physical or electronic signature.A physical or electronic signature identifying you as the subscriber whose content was removed or disabled.
- Identification of the material that was removed and its location.Identification of the material that has been removed or to which access has been disabled, and the location (URL) at which the material appeared before it was removed.
- A statement under penalty of perjury that removal was a mistake or misidentification.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 of the material.
- Your name, address, and telephone number.Your full name, mailing address, and telephone number.
- Consent to jurisdiction.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 outside the United States, for any judicial district in which GearSteal.com may be found, and that you will accept service of process from the person who submitted the takedown notice or their agent.
11.
Counter-Notification Template
You may use the following template to prepare your counter-notification. Send it to dmca@gearsteal.com with the subject line: “DMCA Counter-Notification — [Brief Description]”.
📋 DMCA Counter-Notification Template
Mailing Address: ___________________________
City, State/Province, Postal Code, Country: ___________________________
Telephone Number: ___________________________
Email Address: ___________________________
Date: ___________________________
12.
What Happens After a Counter-Notification
Upon receiving a valid counter-notification, GearSteal.com will follow the procedure required by 17 U.S.C. § 512(g):
We Notify the Original Claimant
We will promptly forward a copy of the counter-notification to the person who submitted the original DMCA takedown notice, including your contact information as required by law.
Waiting Period
We will wait 10–14 business days after sending the counter-notification to the original claimant. During this period, the claimant may file a court action against you to prevent the restoration of the material.
Content Restored
If the original claimant does not notify us within 10–14 business days that they have filed a court action seeking to restrain the restoration of the material, we will restore the removed content at our discretion.
Content Remains Removed
If the original claimant files a court action and provides us with notice, we will leave the material disabled until the court resolves the dispute. We will not be a party to that litigation.
13.
Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i)(1)(A), GearSteal.com maintains and enforces a policy of terminating, in appropriate circumstances, the accounts of users who are found to be repeat infringers of copyright.
What Constitutes a Repeat Infringer
- A user against whom GearSteal.com has received two or more valid DMCA takedown notices in a rolling 12-month period will be flagged as a potential repeat infringer.
- A user who has received three or more valid DMCA notices in any period will have their account permanently terminated and will be barred from creating new accounts.
- A user whose content is found to be deliberately and wilfully infringing — such as wholesale copying of copyrighted works — may be terminated after a single notice at our discretion.
Due Process for Affected Users
- Users will be notified each time content is removed pursuant to a DMCA notice.
- Users will be warned when they approach the threshold for repeat infringer status.
- Users have the right to submit a counter-notification for each takedown they believe was made in error.
- Account termination decisions are made by our designated agent and are not automated.
- Users who believe their account was wrongly terminated may appeal by contacting legal@gearsteal.com.
14.
False DMCA Notices — Legal Consequences
⚠️ Misrepresentation Is a Federal Offence
Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material or activity is infringing (in a takedown notice) or that material was removed by mistake (in a counter-notification) shall be liable for any damages, including costs and attorney’s fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorised licensee, or by GearSteal.com as a result of relying upon such misrepresentation.
Do not submit a DMCA notice unless you are genuinely the copyright owner (or their authorised agent) and you have a good-faith belief that the identified use is not authorised. Do not use the DMCA process to suppress competition, remove lawful criticism, or silence negative reviews.
Abusive DMCA Notices
GearSteal.com treats abusive or bad-faith DMCA notices seriously. If we determine that a notice was submitted:
- To harass a competitor or suppress legitimate commentary or criticism.
- By someone who does not hold the claimed copyright.
- With knowledge that the targeted material is licensed, in the public domain, or constitutes fair use.
- As part of a pattern of abuse of the DMCA process.
We reserve the right to: (a) refuse to act on the notice; (b) restore removed content; (c) share details of the notice with the affected user; and (d) report the abuse to relevant authorities or make it publicly known, to the extent permitted by law.
15.
Fair Use & Copyright Exceptions
Not all use of copyrighted material constitutes infringement. The following legal doctrines may permit use of copyrighted material without the copyright owner’s permission:
Fair Use (United States — 17 U.S.C. § 107)
Fair use is a legal doctrine that allows limited use of copyrighted material without permission. Courts evaluate fair use claims based on four factors:
- Purpose and character of use — commercial vs. non-commercial; transformative vs. reproductive.
- Nature of the copyrighted work — factual works receive less protection than creative works.
- Amount and substantiality — the quantity and importance of the portion used relative to the whole.
- Effect on the market — whether the use harms the market for the original work.
Common fair use examples relevant to a deals site include: brief quotations for commentary or criticism, thumbnail images for reference and identification, and factual reporting on publicly available pricing information.
Other Copyright Exceptions
- Fair dealing (UK, Canada, Australia, and other Commonwealth jurisdictions) — similar to fair use but with specific enumerated categories (research, private study, criticism, news reporting, etc.).
- Public domain — works for which copyright has expired or was never applicable. In the US, works published before January 1, 1929 are generally in the public domain.
- Creative Commons licences — some works are published under open licences that permit certain uses without specific permission. The terms of each CC licence must be followed.
- Implied licence — in some circumstances, a copyright owner’s public conduct implies a licence for certain uses of their work.
16.
International Copyright Notices
GearSteal.com is a U.S.-based website and our DMCA policy operates under U.S. copyright law. However, we recognise that copyright owners from outside the United States may wish to assert their rights regarding content on our site.
Non-U.S. Copyright Holders
- We will process copyright notices from non-U.S. rights holders using our DMCA procedure as a matter of good practice, even where U.S. DMCA law may not strictly apply.
- Copyright notices from EU rights holders may also reference the EU Copyright Directive (2019/790/EU) and the Platform Liability provisions of the Digital Services Act (DSA) where applicable.
- UK rights holders may reference the UK Copyright, Designs and Patents Act 1988 and the Electronic Commerce (EC Directive) Regulations 2002.
- Regardless of jurisdiction, all notices must contain the substantive information required under Section 6 of this policy to be actionable.
Relevant International Treaties
Copyright protection in most countries is governed by one or more of the following international agreements, to which the U.S. is also a signatory:
- Berne Convention for the Protection of Literary and Artistic Works — provides automatic copyright protection across 181 member countries.
- WIPO Copyright Treaty (WCT) — an international treaty administered by WIPO that extends copyright protections to the digital environment.
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) — sets minimum standards for IP protection among WTO member countries.
17.
Protecting Our Own Content
GearSteal.com owns the copyright in the original content we produce, including our editorial articles, product reviews, buying guides, deal descriptions, site design, and original imagery. We actively monitor for unauthorised reproduction of our content and will take appropriate action where infringement is identified.
What You May Do With Our Content
- Share links to our pages on social media, blogs, or other websites.
- Quote brief excerpts (50 words or fewer) for commentary, criticism, or news reporting purposes, provided a clear attribution and direct link back to the original GearSteal.com page is included.
- Print single copies for personal, non-commercial reference.
What You May NOT Do
- Reproduce, republish, or distribute our articles, reviews, or guides in whole or substantial part on any platform without written permission.
- Scrape our content for use in other websites, AI training datasets, or commercial databases.
- Remove or alter our copyright notices or attribution.
- Use our content in a way that implies our endorsement of a product, service, or viewpoint we have not endorsed.
Reporting Infringement of Our Content
If you discover content that belongs to GearSteal.com being reproduced without authorisation on another website, we would be grateful if you report it to us at legal@gearsteal.com. Please include the URL of the infringing page and the URL of the original GearSteal.com content. We handle all such reports in confidence.
18.
Contact & Response Times
All DMCA-related communications should be directed to our designated agent using the contact details below. We aim to handle all DMCA matters with the speed and seriousness they deserve.
| Matter Type | Contact | Expected Response Time |
|---|---|---|
| DMCA Takedown Notice | dmca@gearsteal.com | Acknowledgement: 24–48 hours Action taken: 5–10 business days |
| DMCA Counter-Notification | dmca@gearsteal.com | Acknowledgement: 24–48 hours Claimant notified: 2 business days Content restored (if no court action): 14 business days |
| Incomplete or unclear notice | dmca@gearsteal.com | Request for clarification: 2–3 business days |
| Repeat infringer appeal | legal@gearsteal.com | Initial response: 5 business days |
| Licensing our content | legal@gearsteal.com | Initial response: 5–7 business days |
| Non-copyright content complaints | legal@gearsteal.com | Initial response: 3–5 business days |
Submit a DMCA Notice
To report copyright infringement on GearSteal.com, contact our designated DMCA agent directly. Please include all required elements as described in Section 6 of this policy.
info@gearsteal.com
Acknowledgement within 24–48 hours · Action taken within 10 business days
For non-copyright legal matters: legal@gearsteal.com
