Copyright and DMCA

TakaQuiz respects the rights of copyright owners and expects the people who use it to do the same. Fiveupclub Inc, which operates TakaQuiz, has designated an agent with the US Copyright Office to receive notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). This page explains how to send a notice, how a user can respond, and how we deal with repeat infringers.

In short

Quizzes are private to the person who made them unless they share them. A shared quiz has a link like https://app.takaquiz.com/practice?sharedQuizId=…; include that link in your notice.
Send notices to our designated agent below, with the six items listed in section 2.
When we remove material, we tell the user who shared it. They can send a counter-notice, and we pass it on to you.
In appropriate circumstances we close the accounts of repeat infringers.

1. Designated agent

Send copyright notices and counter-notices to:

Copyright Agent
Fiveupclub Inc
30 N Gould St Ste R
Sheridan, WY 82801
United States
Phone: +1 213-829-3360
Email: mail@fiveupclub.com

Our registration (DMCA-1084420, service provider Fiveupclub Inc) is listed in the US Copyright Office’s DMCA Designated Agent Directory. It lists TakaQuiz, takaquiz.com and our former name SnapQuizX among the names we operate under, and applies to the TakaQuiz website, the app at app.takaquiz.com, the browser extensions and the mobile apps. Email is the fastest way to reach us; write “DMCA notice” or “DMCA counter-notice” in the subject line so it is handled first.

2. What a notice must include

Under 17 U.S.C. § 512(c)(3), a notice of claimed infringement must be in writing and include:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright (a typed full name is accepted as an electronic signature).
Identification of the copyrighted work claimed to be infringed, or, if several works are covered by one notice, a representative list of them.
Identification of the material claimed to be infringing and information reasonably sufficient for us to find it: for TakaQuiz, the link to each shared quiz, and which questions or source text you object to.
Your name, postal address, telephone number and email address.
A statement that you have 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 notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.

A notice that leaves out required items may not be effective. If it includes items 2, 3 and 4 but misses others, we will contact you to help complete it.

3. What happens after a notice

When we receive a notice that meets these requirements, we act quickly to remove or disable access to the material identified. We take reasonable steps to tell the user who shared it promptly, and we send them a copy of the notice, which may include your name and the contact details you gave, so that they can respond.

Most quizzes are private and visible only to their maker. A notice is most useful for a quiz that has been shared by link or published. We do not monitor private study material and cannot see it unless a report gives us a reason to look.

4. Counter-notices

If material you shared was removed and you believe that was a mistake or a misidentification, you can send a counter-notice to the designated agent. Under 17 U.S.C. § 512(g)(3) it must include:

Your physical or electronic signature.
Identification of the material that was removed or disabled and where it appeared before removal (the quiz link).
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 of the material.
Your name, address and telephone number, and a statement that you consent to the jurisdiction of the US Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which Fiveupclub Inc may be found, and that you will accept service of process from the person who sent the original notice or that person’s agent.

We promptly send a copy of a valid counter-notice, including your name, address and telephone number, to the person who sent the original notice, and tell them that we will restore the material in 10 business days. We restore it no sooner than 10 and no later than 14 business days after we receive the counter-notice, unless our designated agent first receives notice that the person who sent the original notice has filed a court action seeking to stop the claimed infringement.

5. Repeat infringers

We keep a record of valid notices against each account. In appropriate circumstances we close the accounts of users who repeatedly infringe copyright. As a rule, an account that has received three valid notices that were not withdrawn or successfully countered is closed; we may act sooner for deliberate or serious infringement. Closing an account in this way is a suspension for a material violation under section 13 of our Terms of Service.

6. False notices

Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees. If you are not sure whether something infringes your copyright, for example because it may be fair use, consider getting legal advice before you send a notice.

7. Other complaints

For trademark, privacy or other complaints about a quiz, or copyright complaints you prefer to send outside the DMCA process, write to mail@fiveupclub.com with the link to the material and the reason. We assess them under applicable law as described in section 9 of our Terms of Service.