DMCA Policy

Our Position On Copyright

Mopoga is a free browser games website published at imopoga.com and operated from 248 W 35th St, New York, NY 10001, United States. We respect the intellectual property of others and we expect the people who use our site to do the same.

This policy explains how to tell us that material on Mopoga infringes your copyright, what we do when a notice arrives, and how to respond if your material was taken down by mistake. It follows the process set out in the United States Digital Millennium Copyright Act, codified at 17 U.S.C. section 512.

Every game listed on Mopoga remains the property of the studio or publisher that made it. Listing a title does not transfer any right in it to us, and does not imply that the publisher endorses the site. Where we have listed something we should not have, we would rather hear about it and fix it than argue.

Designated Agent

Notices of claimed infringement must be sent to our designated agent. Sending a notice to any other address, to a social account or to a member of staff will delay it and may mean it is not treated as a formal notice at all.

Email is faster than post and is the route we recommend. A notice sent by post is treated as received on the day it arrives at the address above.

How To File A Takedown Notice

To be effective under section 512(c)(3), a notice must include all six of the following. A notice missing any of them may not be actionable, and we will usually write back asking for the missing part rather than acting on an incomplete claim.

1. 01Your signature. A physical or electronic signature of the copyright owner, or of a person authorised to act on the owner's behalf. Typing your full name at the end of an email counts as an electronic signature.
2. 02The work you own. Identification of the copyrighted work you say has been infringed. If several works on the same page are covered by one notice, a representative list of them is enough.
3. 03The material to remove. Identification of the material you say is infringing, with enough information for us to find it. The full URL of every page concerned is the fastest way to do this. A description alone, without a link, usually is not.
4. 04How to reach you. Your name, postal address, telephone number and email address.
5. 05Good faith statement. A statement that you have a good faith belief that the use of the material in the way complained of is not authorised by the copyright owner, its agent, or the law.
6. 06Accuracy statement. A statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or are authorised to act on the owner's behalf.

Before you file, please consider whether the use might be permitted. Fair use, a licence you or a predecessor granted, and material placed on the site by its own rights holder are all situations where a takedown would be the wrong outcome. Consulting a lawyer if you are unsure is time well spent.

What Happens After We Receive A Notice

When a complete notice reaches our designated agent we take the following steps.

• We acknowledge receipt to the email address you gave us.
• We review the notice for the six required elements and for anything that suggests the claim is mistaken.
• Where the claim is well founded we remove or disable access to the material expeditiously. This may mean taking down a listing, an image, a description or an embedded game.
• We make a reasonable attempt to notify the person who supplied the material, and we pass on a copy of your notice, including the contact details it contains.
• We tell that person that they may submit a counter notification.

Removing material is not a finding that infringement occurred. It is the step the statute asks of us while the parties sort the matter out.

Counter Notification

If material you supplied was removed and you believe that was a mistake, or that the material was misidentified, you may send a counter notification to the same agent. Under section 512(g)(3) it must include all four of the following.

1. 01Your signature. A physical or electronic signature.
2. 02What was removed. Identification of the material that was removed or disabled, and the location at which it appeared before removal.
3. 03Sworn statement. 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. 04Consent to jurisdiction. Your name, postal address and telephone number, a statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or, if your address is outside the United States, for any judicial district in which Mopoga may be found, and a statement that you will accept service of process from the person who filed the original notice or from that person's agent.

A counter notification is a legal document. Filing one that knowingly misrepresents the position carries the same exposure to damages under section 512(f) as a false takedown notice does.

What Happens After A Counter Notification

If we receive a counter notification that contains all four elements, we forward a copy to the party who filed the original notice and tell them that the material will be restored in ten business days.

Unless that party notifies us within those ten business days that it has filed an action seeking a court order to restrain the activity, we will replace the removed material or restore access to it in not less than ten and not more than fourteen business days from the day we received the counter notification.

Repeat Infringers

We operate a repeat infringer policy, as section 512(i) requires. Where a person or a source is the subject of repeated well founded notices, we will restrict or terminate their ability to submit material, and we will remove their existing listings from the library.

What counts as repeated is judged on the facts. Two notices about the same misunderstanding is not the same thing as a pattern of uploading other people's work, and we treat them differently.

Games Hosted Elsewhere

Some games appear on Mopoga through third party providers and load inside a frame on our page. The game files themselves sit on that provider's servers, not ours.

If your complaint concerns a game of that kind, tell us and we will remove the listing from our side. To have the underlying files taken down you will also need to send a notice to the provider that hosts them. We will tell you who that provider is where we know, so that you can direct your notice to the right place.

False Or Abusive Claims

Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, is liable for damages, including costs and legal fees, incurred by the alleged infringer, by any copyright owner or licensee, and by the service provider.

We keep every notice we receive. Notices sent to silence criticism, to remove a competitor, or to claim a work the sender does not own will be refused, and we reserve the right to publish or forward them.

Trade Mark And Other Complaints

This page covers copyright. If your complaint concerns a trade mark, a right of publicity, defamation, privacy or anything else, write to info.imopoga@gmail.com and set out what the material is, where it appears, what right you hold and why you believe it is being infringed. We handle those complaints on their own merits rather than through the process on this page.

Changes To This Policy

We update this policy when the law changes or when the way we handle notices changes. The date at the top of the page always shows the last revision.

Contact

All copyright notices, counter notifications and questions about this policy go to our designated agent.