DMCA Notice & Takedown

Nocturn Audio LLC respects the intellectual property rights of others and expects users of nocturnaudio.com to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we will respond expeditiously to claims of copyright infringement that are reported to our designated agent identified below.

1. Filing a DMCA Notice

If you believe that material on nocturnaudio.com or in any Nocturn Audio plugin infringes a copyright that you own or control, you may send a written notice to our DMCA Designated Agent. Your notice must include all of the following, as required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed (or, if multiple works, a representative list).
3. Identification of the material that you claim is infringing, including its location (URL or sufficient detail to locate it).
4. Your contact information: name, postal address, telephone number, and email.
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement, made 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.

2. Designated Agent

DMCA notices may be sent to our Designated Agent registered with the U.S. Copyright Office:

You may also search the Copyright Office DMCA Directory directly at dmca.copyright.gov.

3. Counter-Notice

If you believe material you posted was removed or disabled by mistake or misidentification, you may send a counter-notice that includes the information required by 17 U.S.C. § 512(g)(3): your signature, identification of the removed material and the location at which it previously appeared, a statement under penalty of perjury that you have a good-faith belief that the removal was a mistake or misidentification, your name, postal address, telephone number, and a statement consenting to the jurisdiction of the federal district court for your address (or, if outside the U.S., for the Southern District of Iowa) and that you will accept service of process from the original notifier.

Send counter-notices to the same Designated Agent address above.

4. Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), Nocturn Audio LLC has adopted a policy of terminating, in appropriate circumstances and at our discretion, the accounts and licenses of users who are deemed to be repeat infringers. We may also at our discretion limit access to the Site, our plugins, and our services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. False Notices and Material Misrepresentation

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees. Please consider this carefully before submitting a notice or counter-notice.

6. Other Inquiries

For non-DMCA legal or copyright matters, please contact hello@nocturnaudio.com.