Effective Date: May 15, 2025OVERGEAR LIMITED (“Overgear,” “we,” “us,” or “our”) is committed to protecting intellectual property rights and complies with the requirements of the Digital Millennium Copyright Act (DMCA). This DMCA Policy (hereinafter referred to as the “Policy”) is an integral part of the
Overgear Terms and Conditions (hereinafter referred to as the “User Agreement”) and is governed by them.
1. Submitting a DMCA Notice1.1. To report a copyright infringement, your notice must include:
- A detailed description of the copyrighted work in question.
- Precise URLs and/or a description of the locations where the disputed content is posted.
- Your full contact details (mailing address, telephone number, email).
- A declaration that you sincerely believe that the use of the disputed material is not authorized by the copyright owner, its agent, or by law.
- A declaration that the information provided is accurate and that you are authorized to act on behalf of the copyright owner, under penalty of perjury.
- An electronic or physical signature.
1.2. When submitting a DMCA notification, attach all documentation or other evidence demonstrating that you are the copyright owner or an authorized representative thereof. Such materials are necessary to verify your claim and ensure its timely and efficient processing.
1.3. The subject line of any email submitting a DMCA notification shall include the phrase “Copyright Claim” to ensure the timely and efficient processing of the claim.
1.4. Any DMCA notice that does not include all the required elements may be rejected. Overgear reserves the right to request additional information before processing your notice.
1.5. All notices shall be submitted to the following designated contacts:
DMCA Agent: Overgear Legal TeamEmail: legal@support.comMail: Diagorou 4, Kermia Building, 3rd Floor, Office 304, 1097 Nicosia, Cyprus1.6. Any person who knowingly makes a false or fraudulent claim of infringement, or who falsely represents that they are authorized to act on behalf of a copyright owner, shall be liable for all damages, costs and attorneys’ fees incurred by Overgear or any third party as a result of such misrepresentation, in accordance with 17 U.S.C. § 512(f).
Under penalty of perjury, you affirm that all information provided in this notice is accurate. You acknowledge that any misrepresentation or false claim may subject you to legal liability under 17 U.S.C. § 512(f), including potential costs and attorney fees.2. Counter-Notice2.1. If your content has been removed based on a DMCA notice and you believe that the removal is in error, you may submit a counter-notice. Your counter-notice must include:
- Specify which content was removed and provide the URL where it was previously located.
- Your full contact details.
- A declaration that you sincerely believe that the content was removed in error.
- Agreement to the jurisdiction of the courts of the Republic of Cyprus for resolving disputes arising from the counter-notice.
- An electronic or physical signature.
2.2. Upon receiving a proper counter-notice, Overgear will notify the party that submitted the initial notice. If, within 14 ( fourteen) business days from the date of notification, the initial party does not initiate legal action to prevent the restoration of the content, Overgear may restore the removed material.
3. Investigation and Enforcement Measures3.1. Overgear promptly investigates all proper DMCA notices and takes appropriate measures, including the removal or blocking of access to the disputed content without prior notice. Repeated infringements may result in the termination of access to the User Account, as specified in the Overgear’s User Agreement.3.2. Be advised that repeated infringements of copyright may result in suspension or termination of your Account. In addition to the removal of infringing materials, we expressly reserve the right, pursuant to the User Agreement, to limit or revoke your access to the Platform.
3.3. Upon receipt of a complete and valid DMCA notice, Overgear will promptly investigate the claim and take appropriate action, which may include the removal or blocking of access to the disputed content.
3.4. In addition to any rights or remedies under 17 U.S.C. § 512(f), Overgear may impose one or more of the following sanctions on any person who submits a materially false or fraudulent DMCA notice:
(i) immediate suspension of the privilege to file DMCA notices for a period of not less than thirty (30) days;
(ii) permanent revocation of “authorized representative” status;
(iii) requirement to post a security deposit or bond before any future claims will be accepted;
(iv) disclosure of the claimant’s identity and notice of the violation in a registry of non-compliant claimants;
(v) submission of all relevant materials to law enforcement or regulatory agencies for further action.
4. Safe Harbor4.1. In accordance with the safe harbor provisions of the DMCA, Overgear shall not be held liable for copyright infringements committed by Users, provided that the provisions of this Policy and the procedures outlined in the Overgear’s User Agreement are followed.
4.2. All trademarks, logos, and copyrighted materials owned by third parties that appear on our Platform remain the sole property of their respective owners. Overgear disclaims any ownership of, or affiliation with, such third-party intellectual property. Their appearance on the Platform is solely for identification and informational purposes.
5. Final Provisions5.1. By using the Overgear Platform, you agree to abide by this Policy and the User Agreement. If you have any questions or require further information, please contact us legal@support.com.
5.2. Overgear reserves the right to amend this Policy at any time. All updates become effective upon publication on the Platform.