Toka Loyalty Copyright Policy

Last Updated: November 20, 2020

This Toka Loyalty Copyright Policy is a part of Toka Loyalty’s Terms of Service and sets forth the process by which copyright holders and their agents may remove allegedly infringing materials available on one of Toka Loyalty’s online services.

1. DMCA Policy

Toka Loyalty respects the intellectual property of others and expects its users to do the same. Each user must ensure that the materials they upload do not infringe any third-party copyright. Toka Loyalty will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe a third party's copyright. In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further.

2. DMCA Takedown Notices

To request the removal of materials based upon copyright infringement, you must file a notice containing the following:

  1. Your name, address, telephone number, and email address (if any).
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where on Toka Loyalty’s service the material that you claim is infringing may be found, sufficient for Toka Loyalty to locate the material (e.g., the URL for the copyrighted work).
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  6. Your electronic or physical signature.

The above information must be submitted to the following DMCA Agent:

Email: dmca@tokahq.com

Toka Loyalty may disclose notices with affected users and third-party databases that collect information about copyright takedown notices.

3. DMCA Counter-Notifications

Upon receipt of a DMCA takedown notice alleging content has infringed on anyone else’s copyrighted content, Toka Loyalty will contact the alleged infringer and give them approximately 1 business day to delete or modify the content specified in the notice. If the changes haven’t been made, Toka Loyalty will disable the content claimed to have infringed.

If you are a Toka Loyalty user who believes your content has been disabled as a result of a mistake or misidentification, you may send us a counter-notification containing the following:

  1. Your name, address, and telephone number.
  2. A description of the material that was removed and the location on Toka Loyalty’s service where it previously appeared (e.g., the URL of the copyrighted work).
  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. 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 your address is outside of the United States, any judicial district in which Toka Loyalty may be found (the United States District Court Eastern District of California), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  5. Your electronic or physical signature.

You may submit this notice:

Email: dmca@tokahq.com

Toka Loyalty will forward any complete counter-notification to the person who filed the original DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may restore the challenged materials. Until that time, your materials will remain removed.