DMCA Notice and Takedown Policy

Effective as of December 12, 2022.


Here at Passes, Inc. (“Passes”, “we” or “us”), we respect the copyright rights of others, take claims of copyright infringement seriously and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”), we have implemented a policy to respond to notices of alleged copyright infringement that we receive.


Reporting Claims of Copyright Infringement:


If you believe that any content or materials on the Passes website at www.passes.com or on any associated Passes mobile applications (collectively, “Website”), and any other services or resources of Passes that are accessed or enabled via the Website (collectively with the Website, the “Services”) infringe your copyright, you may request removal of such content and materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. This written notice of alleged copyright infringement (“DMCA Notice”) must include substantially the following:


  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  2. Identification and description of the copyrighted work or works that you claim has been infringed.
  3. Identification of the content or material on the Services that you claim to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate where the content and material resides on the Services.
  4. Information reasonably sufficient to permit us to contact you, including at least your name, address and telephone number, and, if available, an email address.
  5. A written statement by you that you have a good faith belief that use of the content or material on the Services in the manner you allege to be infringing is not authorized by the copyright owner, its agent, or the law.
  6. A written statement by you, made under penalty of perjury, that the information in your DMCA Notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Please send all DMCA Notices to our designated agent (“Designated Agent”) at the following address:


Attn: Alexandra Maddi
Passes, Inc.
1 S.E. 3rd Avenue, Suite 1440, Miami, FL 33131
maddi@passes.com


Please do not send other inquires or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.


If you fail to comply with all the requirements for your DMCA Notice, that DMCA Notice may not be effective. Please be aware that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.


Take Down Procedures:


Upon receipt of a valid and complete DMCA Notice, we will take actions to remove and/or disable access to the allegedly infringing content or material and promptly notify the user who posted, uploaded or otherwise provided the content or material that we have removed or disabled access to such content or material. We will also take reasonable steps to notify or contact the user or member who posted, uploaded or provided the content or material of the notice and takedown. Such user or member may avail themselves of the counter notification procedures below which may result in the restoration of the content or material in question.


Counter Notification Procedures:


If you, as a user, member or other person whose content or material has been alleged to be infringing (“Content Provider”), believe that the content or material you posted has been wrongly removed or disabled due to a mistake or misidentification, you may file a counter-notice with us (a “Counter Notice”). To be effective, a Counter Notice must be a written communication that includes the following:


  1. A physical or electronic signature of the Content Provider.
  2. Identification of the content or material that has been removed or to which access has been disabled and the location within the Services at which the content or material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the Content Provider has a good faith belief that the content or material was removed or disabled as a result of mistake or misidentification.
  4. Information reasonably sufficient to permit us to contact the Content Provider, including at least the name, address and telephone number, and, if available, an email address, for the Content Provider.
  5. A written statement from the Content Provider that the Content Provider consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Content Provider’s address is outside of the United States, for any judicial district in which Passes may be found, and that the Content Provider will accept service of process from the person who provided the applicable DMCA Notice or an agent of such person.

Please send any Counter Notice to our Designated Agent listed above.


Upon receipt of a valid and complete Counter Notice, we will forward a copy of the Counter Notice to the original complaining party and may replace or restore access to the content or material within 10-14 business days after receipt of the Counter Notice, unless the copyright owner files a lawsuit against the Content Provider with respect to the allegedly infringing content or material (or Passes or its Designated Agent receives notice of such a lawsuit).


Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.


Repeat Infringers:


It is Passes’ policy to terminate or suspend membership privileges and accounts of any user or member who repeatedly infringes copyright rights in its use of the Services and/or to remove, delete and/or disable all content and materials posted, uploaded or provided by such user or member. We reserve the right at any time to disable access to, or remove any content or material or activity accessible on or from the Services claimed to be infringing of any intellectual property or proprietary rights or based on facts or circumstances from which infringing activity is apparent.


Modifications to Policy


Passes reserves the right to modify, alter or add to this DMCA Notice and Takedown Policy, and all affected persons should regularly check back to stay current on any such changes.