HeyRuby DMCA Policy
HeyRuby respects the rights of creators, studios, and copyright owners, and we expect the creators who publish on our platforms to do the same. This Policy applies to Real Games, Inc. (“HeyRuby,” “we,” “our,” and “us”) and describes how we respond to claims of copyright infringement, consistent with the United States Digital Millennium Copyright Act (the “DMCA”), based on content or other materials on our domains, including https://www.heyruby.tv/ and https://www.heyruby.app/ (collectively, our “Sites”), and our mobile applications, APIs, creator tools, and related services (collectively, with Sites, our “Services”).
A reference to “HeyRuby,” “we,” “us,” or “our” is a reference to Real Games, Inc., and its relevant affiliates involved in the collection, use, sharing, or other processing of Personal Data.
In accordance with the DMCA and other applicable law, we will, in appropriate circumstances and at our sole discretion, terminate users of the Services who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Services and terminate the accounts of any users of the Services who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Designated Copyright Agent
Send notices of claimed infringement to our designated agent:
DMCA Agent
Real Games, Inc.
33047 Calle Aviador Ste C
San Juan Capistrano, CA 92675
Phone: 1.714.248.6433
Email: dmca@realgames.ai
Notification of Alleged Copyright Infringement
If you believe that content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by email notice (“Notification”), providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. Section 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
- •A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- •Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single Notification, a representative list of such works at that website.
- •Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g. the URL link of the material).
- •Information reasonably sufficient to permit us to contact the complaining party, such as the name, account name, address, telephone number, and e-mail address at which the complaining party may be contacted.
- •A statement that the complaining party has 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.
- •A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit your notice to our designated DMCA agent as set forth above.
Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Services is copyright infringing.
Upon receiving a proper Notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your Notification, which the alleged infringer may use to contact you directly. As such, by submitting a Notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.
Counter Notification
If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us (“Counter Notification”). To be an effective Counter Notification under the DMCA, your letter must include substantially the following:
- •Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- •A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which our Company is located.
- •A statement that you will accept service of process from the party that filed the Notification or the party's agent.
- •Your name, address and telephone number.
- •A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- •Your physical or electronic signature.
- •You may submit your Counter Notification to our Copyright Agent by mail, or email as set forth above.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Repeat Infringers
We maintain and enforce a policy of terminating, in appropriate circumstances and in our sole discretion, the accounts of users and creators who are repeat infringers. Accounts that accumulate repeated valid infringement claims, or that we determine are engaged in willful or large-scale infringement, will be terminated, and associated creator monetization may be withheld or reversed as permitted by our other agreements with you. We may also terminate accounts after a single incident of egregious infringement.
Misrepresentation
Under the DMCA, any person who knowingly and materially misrepresents that content is infringing, or that content was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees. It is against our policies to submit false or bad-faith Notifications or Counter Notifications.