Spin Wheel Choice

Menu

DMCA Policy

spinwheelchoice.com (“we,” “us,” “our”) is committed to respecting the intellectual property rights of others and expects our users to do the same. This Digital Millennium Copyright Act Policy (“DMCA Policy”) explains how we address allegations of copyright infringement in compliance with the DMCA, codified at 17 U.S.C. § 512. It details the procedures for submitting a takedown notice, our obligations as a service provider, the steps for submitting a counter‑notice if you believe content was removed in error, and our policies for repeat infringers. By using https://spinwheelchoice.com/ (“Site”), you agree to adhere to this DMCA Policy. If you do not agree, please refrain from using the Site.

1. Background: Why DMCA Compliance Matters

The DMCA is a U.S. law designed to balance the interests of copyright owners and online service providers. It provides “safe harbor” protections that limit liability for websites hosting or linking to user‑generated content—provided they implement certain procedures to remove infringing material. These safe harbor provisions require:

  • A clear policy for handling takedown notices.

  • An agent designated to receive infringement notices.

  • Prompt removal or disabling of content upon receiving a valid notice.

  • A counter‑notice process for users who claim removal was a mistake.

Even though Spin Wheel Choice primarily hosts our own content and offers interactive spin‑wheel tools, we sometimes display images, text or third‑party references. We therefore adopt a DMCA policy to ensure compliance and to respect creative rights. This document also protects us from liability and provides a framework for addressing potential disputes.

2. Our Status as a Service Provider

spinwheelchoice.com acts as an “online service provider” under the DMCA, but we do not allow user uploads or host third‑party content. Nevertheless, copyrighted elements may appear on our Site (e.g., images from photo libraries, brand names or quotations) under fair use. To maintain transparency and comply with the law, we provide mechanisms for rights holders to request removal of potentially infringing material and for users to respond. We do not monitor all content proactively but respond promptly to valid DMCA notices.

3. Designated DMCA Agent

To facilitate the DMCA process, we have appointed a Designated DMCA Agent to receive notifications of alleged copyright infringement:

  • DMCA Agent: Spin Wheel Choice DMCA Department

  • Mailing Address: 408 School Ave, Panama City, FL 32401, United States

  • Email: admin@spinwheelchoice.com

  • Phone: (850) 872‑7510

We have registered our agent with the U.S. Copyright Office. All DMCA notices and counter‑notices must be directed to this agent.

4. Submitting a DMCA Takedown Notice

If you are a copyright owner (or authorized agent) and believe that material appearing on our Site infringes your copyright, you must submit a written notice to our DMCA Agent that meets the requirements of Section 512(c)(3) of the DMCA. A complete notice must include the following elements:

  1. Signature: A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.

  2. Identification of the Work(s): Clear identification of the copyrighted work(s) claimed to be infringed. If multiple works are involved, provide a representative list.

  3. Identification of the Infringing Material: Provide the URL(s) or location on the Site where the material appears to enable us to locate it.

  4. Contact Information: Provide the notice sender’s name, mailing address, telephone number and email address.

  5. Good‑Faith Statement: Include a statement that you have a good‑faith belief that the disputed use of the copyrighted material is not authorized by the owner, its agent or the law.

  6. Accuracy and Authority Statement: Include a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Incomplete notices may be disregarded. Once we receive a valid takedown notice, we will:

  1. Acknowledge Receipt: We will confirm receipt of your notice via email or mail.

  2. Removal or Disablement: We will promptly remove or disable access to the allegedly infringing material.

  3. Notification to Alleged Infringer: We will notify the alleged infringing party (if identifiable) that the material has been removed and provide them with a copy of your notice.

  4. Counter‑Notice Option: We will inform the alleged infringer of their right to send a counter‑notice (see Section 6).

  5. Record Keeping: We will retain a record of the notice and subsequent actions.

5. Misrepresentation & Penalties

Under Section 512(f) of the Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees. Sending a false or frivolous DMCA notice can lead to significant legal consequences. Please ensure you have a legitimate copyright claim and provide accurate information before submitting a takedown notice.

6. Counter‑Notice by Alleged Infringer

If you receive a notification that your content has been removed due to a DMCA takedown notice and you believe that the removal was a mistake or that you have authorization to use the material, you may submit a DMCA counter‑notice in accordance with Section 512(g)(3) of the DMCA. A valid counter‑notice must include:

  1. Signature: Your physical or electronic signature.

  2. Identification of Removed Content: A description of the material removed and its location (URL) before it was taken down.

  3. Contact Information: Your name, mailing address and telephone number.

  4. Good‑Faith Statement: A statement under penalty of perjury that you have a good‑faith belief that the material was removed or disabled due to mistake or misidentification of the material.

  5. Consent to Jurisdiction: A statement consenting to the jurisdiction of the federal district court in your jurisdiction (or, if outside the United States, to an appropriate court in the U.S.) and that you will accept service of process from the party who filed the original takedown notice.

Send your counter‑notice to our DMCA Agent at admin@spinwheelchoice.com or via mail. Upon receiving a valid counter‑notice, we will:

  1. Forward to Complainant: Forward the counter‑notice to the original complainant.

  2. Restore Content: Notify you that we may restore the removed material after 10–14 business days, unless we receive notice that the complainant has filed a legal action seeking a court order to restrain the allegedly infringing activity.

By submitting a counter‑notice, you agree that we may disclose your contact information to the complainant and that you may be subject to legal proceedings. Submitting false statements in a counter‑notice may result in penalties under Section 512(f).

7. Repeat Infringer Policy

Spin Wheel Choice maintains a policy for terminating or limiting access of repeat infringers. If we receive multiple valid DMCA notices about a particular user or IP address, we may:

  • Disable or limit access to our Site for that user or IP.

  • Refuse to respond to further requests from the same party if evidence suggests abuse of the DMCA process.

Because we do not allow user uploads, repeat infringement is unlikely. However, we will track DMCA notices and take appropriate action when necessary.

8. Fair Use & Transformative Content

We understand that not all uses of copyrighted material constitute infringement. U.S. copyright law recognizes “fair use” for purposes such as commentary, criticism, news reporting, teaching, scholarship and research. Factors considered in determining fair use include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market value. Some content on our Site may include quotations, images or brand names to illustrate commentary about decision‑making, randomization or user experiences. Our editorial use is intended to be transformative and non‑commercial. Nevertheless:

  • No License Granted: Our use of copyrighted material does not grant users any right to re‑use it.

  • Subjectivity of Fair Use: Fair use is determined on a case‑by‑case basis, often requiring court interpretation.

  • Respect Intellectual Property: If you are a copyright owner and believe our use of your material exceeds fair use, follow the takedown procedures in Section 4.

9. Technical Measures & Prohibited Circumvention

We implement security measures—such as encryption, password‑protected areas and anti‑scraping technologies—to protect our Site and any proprietary content. Circumventing these technological protection measures may violate Section 1201 of the DMCA, which prohibits bypassing access controls used to protect copyrighted works. Do not attempt to hack, scrape or extract content from our Site beyond what is permitted.

10. Content Removal & Notifications

We may remove or disable access to any material that we believe, in good faith, infringes a third party’s rights or violates our policies. When we remove content:

  • We will notify the user (if identifiable) of the removal.

  • We will provide a copy of the takedown notice.

  • We will include information about filing a counter‑notice.

We do not restore removed content unless we receive a valid counter‑notice that meets legal requirements and no legal action has been filed within the statutory period.

11. Non‑Copyright Issues

This DMCA Policy addresses copyright infringement only. If you have concerns about trademark infringement, defamation, privacy or other legal issues, please contact us at admin@spinwheelchoice.com with a clear description of your claim. We will review such complaints under relevant laws and our Terms & Conditions.

12. Accuracy & Good‑Faith Requirements

The DMCA requires all statements in takedown notices and counter‑notices to be made under penalty of perjury. Please ensure:

  • You own the rights you claim or have authority to act on behalf of the owner.

  • You identify the material correctly and in good faith.

  • You acknowledge potential penalties for misrepresentation.

Abusing the DMCA process by submitting false notices or counter‑notices can result in financial liability and other legal consequences.

13. Privacy & Data Handling

We will process any personal data included in DMCA notices or counter‑notices solely for the purpose of resolving copyright disputes. We may share personal data with the opposing party and legal authorities as required by law. For more information on how we handle personal data, please see our Privacy Policy.

14. Policy Accessibility & Updates

  • Accessibility: Individuals with disabilities who need assistance accessing this DMCA Policy or submitting notices may contact us via email or phone. We will provide reasonable accommodations.

  • Updates: We reserve the right to modify this DMCA Policy at any time to reflect changes in law or our practices. The “Effective Date” at the top of this page will be updated accordingly. Significant changes may be communicated via a prominent notice on the Site or through user emails.

15. Contact Information

All DMCA-related communications and any other copyright concerns should be directed to:

  • DMCA Agent: Spin Wheel Choice DMCA Department

  • Email: admin@spinwheelchoice.com

  • Mail: 408 School Ave, Panama City, FL 32401, United States

  • Phone: (850) 872‑7510

Please use “DMCA Notice” or “DMCA Counter‑Notice” in the subject line to ensure prompt handling. We strive to respond to all notices and counter‑notices in accordance with statutory timelines and best practices.