Copyright Policy and DMCA Notices

1. Our Designated Agent

Notices of claimed copyright infringement must be sent to our designated agent:

Email is the fastest route and the one we recommend.

This address is for copyright notices only. Refund requests, privacy requests, support questions and general correspondence sent here will be delayed. Those routes are in the Refund Policy and the Privacy Policy.

2. Before you send a notice

Two things worth knowing, because they save everyone time.

Fair use and licenses. Not every use of your work is infringing. A Tour may quote, describe or criticize a work lawfully. We ask you to consider whether the use is authorized or permitted before sending a notice.

A notice is a sworn legal statement. Under 17 U.S.C. §512(f), anyone who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer and by us. This is not a form to send speculatively.

3. How to send a notice

Send the following to the agent in §1. All six elements are required by 17 U.S.C. §512(c)(3)(A); a notice missing any of them may not be effective, and we will tell you which is missing rather than act on it.

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work you claim has been infringed — or, if multiple works at one site are covered by a single notice, a representative list.
3. Identification of the material you claim is infringing and that you want removed, with information reasonably sufficient for us to locate it. For TourMuse that means: a link to the Tour, the Tour’s name and Creator, and — where only part of a Tour is at issue — the specific segment, because we will otherwise have to act on the whole Tour. See §5.
4. Your contact information — address, telephone number and email address.
5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. 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 right allegedly infringed.

4. What we do when we receive a notice

1. We check the notice contains the elements in §3.
2. If it does, we remove or disable access to the material expeditiously.
3. We notify the Creator, tell them what was removed and why, and send them a copy of your notice — see §8.
4. We tell them how to file a counter-notification, and we record the notice and our action.

5. What removal means on TourMuse

Because TourMuse sells access to Tours, removal has consequences a text-only service does not have. We would rather set them out than surprise anyone.

• Removing a Tour means Withdrawing it: it stops being available to everyone, including Users who have already booked it. Those Users are automatically refunded the Tickets they spent, whatever the booking date, per Refund Policy §4.2.
• Downloaded copies. A User who downloaded a Tour holds an encrypted copy on their device. We remove it when their app next connects. We cannot reach a device that stays offline, and we would rather say so than claim otherwise.
• Removing part of a Tour. Where a notice identifies a specific segment, we remove that segment rather than the whole Tour where it is practical to do so. This is why §3.3 asks you to be specific: an imprecise notice costs a Creator their whole Tour and costs their audience their access.
• Creator earnings. Royalties attributable to withdrawn material are not paid out.

6. Counter-notification

If you are a Creator and your material was removed in error or misidentified, you may send a counter-notification to the agent in §1. It must contain all of the following, required by 17 U.S.C. §512(g)(3):

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location where it appeared before it was removed.
3. A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address and telephone number, and 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 the United States, for any judicial district in which we may be found — and that you will accept service of process from the person who sent the notice, or their agent.

What happens next. We send your counter-notification to the person who sent the original notice, including your contact details — see §8. Unless they tell us they have filed a court action seeking to restrain you, we restore the material in 10 to 14 business days after receiving your counter-notification.

Knowingly materially misrepresenting that material was removed by mistake carries the same liability under §512(f) as a false notice.

7. Repeat infringers

We terminate the accounts of repeat infringers in appropriate circumstances.

• A strike is recorded when material is removed under §4 and is not restored following a valid counter-notification.
• An allegation alone is never a strike. A notice that is withdrawn, invalid, successfully countered, or that we decline to act on does not count against a Creator.
• Three strikes within twelve months results in termination of the account. Strikes expire twelve months after they are recorded.
• A single case of severe or deliberate infringement may result in termination without prior strikes.
• We may also terminate an account used principally to infringe, or where we receive repeated notices we are satisfied are well-founded.

On termination for copyright infringement, the Creator’s Tours are Withdrawn, not merely retired — the point is to stop distribution. Users who had booked those Tours are refunded, as in §5.

Strikes and the three-strike rule apply to a Creator under 18 and to their Tours in the same way. A counter-notification on behalf of a Creator under 18 must be signed by a parent or guardian.

We may also act against anyone who repeatedly sends notices in bad faith, including refusing to accept further notices from them.

8. What we share, and with whom

Copyright claims are not anonymous, and everyone involved should understand that before they write to us.

• We send your notice to the Creator, including your name and contact details. The law requires us to notify them, and a Creator cannot answer a claim they cannot see.
• We send a counter-notification to the original complainant, including the Creator’s name, address and telephone number. This is required by §512(g)(2).
• We retain notices, counter-notifications and our decisions as a record that this policy is applied consistently.

If you do not want your identity disclosed to the person you are complaining about, do not send a notice — consider whether another route fits your concern better.

This differs from reports made by Users through the app, where the reporter’s identity is kept confidential. See the Privacy Policy.

9. Claims that are not copyright

This process is for copyright only.

• Trademark, impersonation, defamation, privacy — write to support@tourmuse.app and say clearly what the claim is. There is no statutory process for these, and we handle them under our own policies.
• Something unsafe or abusive — use the report control in the app. It reaches us faster.
• Court orders and law enforcement requests — send a copy to support@tourmuse.app. Formal legal process must be served on our registered agent in Delaware.

10. Changes

We may update this policy. The version in force when a notice is received is the version that applies to it. Our designated agent registration is renewed with the U.S. Copyright Office at least every three years; the details in §1 are the current ones.

11. Language

This policy is published in English. Any translation is provided for convenience only; if a translation differs from the English text, the English version governs.

Muse Entertainment LLC 16192 Coastal Highway, Lewes, DE 19958 dmca@tourmuse.app · 424-229-1267