DMCA and Copyright Policy

1. Introduction and Respect for Copyright

HIVEMIND YT is a YouTube creator-growth software-as-a-service operated by HIVEMIND YT LLC, a California limited liability company (referred to in this policy as HIVEMIND YT LLC, we, us, or our). This DMCA and Copyright Policy explains how HIVEMIND YT LLC responds to claims of copyright infringement concerning material made available through the HIVEMIND YT service at hivemind.yt (the Service), and how copyright owners and users may submit notices and counter-notices under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512.

HIVEMIND YT LLC respects the intellectual property rights of others and expects users of the Service to do the same. We are committed to responding to clear notices of alleged copyright infringement that comply with the DMCA and other applicable law. This policy applies to all features of the Service, including Pulse Analytics, Create Clips, Knowledge Bases and Video Intelligence, Community Portals, the administrative console, monetization features, and the public developer API product.

The Service is currently offered in a private beta accessed by invitation code, and its features, plans, and pricing are non-final and subject to change at any time. This policy applies during the beta period and thereafter. This policy is governed by the laws of the State of California, consistent with the Terms of Service for the Service. Nothing in this policy limits any other right or remedy available to HIVEMIND YT LLC under applicable law or its agreements with users.

This policy is provided for general information and does not constitute legal advice. The DMCA can subject persons who submit false or misleading notices or counter-notices to liability. If you are unsure whether material infringes your copyright or whether your use of material is authorized, you should consult an attorney before submitting a notice or counter-notice.

2. How to Submit a DMCA Takedown Notice

If you are a copyright owner, or are authorized to act on behalf of a copyright owner, and you believe in good faith that material accessible through the Service infringes your copyright, you may submit a written notification of claimed infringement (a Takedown Notice) to our Designated Agent at the contact identified in Section 3 below.

To be effective under 17 U.S.C. Section 512(c)(3), your Takedown Notice must be a written communication that includes substantially all of the following six elements:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material (for example, the URL, account, or other specific location of the material within the Service).

(4) Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and, if available, an email address.

(5) 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.

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys fees. Do not make false claims. If your Takedown Notice does not substantially comply with all of the requirements above, it may not be effective and we may be unable to act on it.

3. Designated Agent Contact

HIVEMIND YT LLC has designated an agent to receive notifications of claimed copyright infringement under the DMCA. Takedown Notices, counter-notifications, and other communications under this policy may be sent to our Designated Agent by email at contact@hivemind.yt, with the subject line DMCA Notice.

Written notices may also be addressed to HIVEMIND YT LLC by mail to the registered agent on file with the California Secretary of State. HIVEMIND YT LLC will designate and register a DMCA agent with the United States Copyright Office Directory of Designated Agents. Until that registration is published, send copyright takedown notices to HIVEMIND YT LLC by email at contact@hivemind.yt. The DMCA agent is separate from the company's registered agent for service of process. Using the contact email above is the fastest way to reach our Designated Agent.

Communications sent to the contact above that do not relate to copyright infringement claims under the DMCA may not receive a response through this channel.

4. Our Response to a Valid Takedown Notice

Upon receipt of a Takedown Notice that substantially complies with the requirements of Section 2, HIVEMIND YT LLC will respond expeditiously to remove, or disable access to, the material identified in the notice that is alleged to be infringing or to be the subject of infringing activity.

Where appropriate and feasible, we may also take reasonable steps to notify the user who submitted or made available the identified material that we have removed or disabled access to it, so that the user may submit a counter-notification if the user believes the removal or disabling resulted from mistake or misidentification.

HIVEMIND YT LLC reserves the right, at any time and in our sole discretion, to remove or disable access to material that we believe in good faith may be infringing or otherwise unlawful, and to take any other action we deem appropriate, without prior notice and without liability, consistent with applicable law and our Terms of Service.

5. Counter-Notification Procedure

If you are a user of the Service and material you submitted or made available was removed or disabled as a result of a Takedown Notice, and you believe in good faith that the material was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification (a Counter-Notice) to our Designated Agent at the contact identified in Section 3.

To be effective under 17 U.S.C. Section 512(g)(3), your Counter-Notice must include substantially all of the following elements:

(1) Your physical or electronic signature.

(2) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.

(3) 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 to be removed or disabled.

(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 HIVEMIND YT LLC may be found), and that you will accept service of process from the person who provided the original Takedown Notice or an agent of that person.

Upon receipt of a valid Counter-Notice, we may forward it to the person who submitted the original Takedown Notice and inform that person that we may replace the removed material or cease disabling access to it. Unless the original complaining party files an action seeking a court order against the user, the removed material may be replaced, or access to it restored, in not less than 10 and not more than 14 business days following our receipt of the Counter-Notice, in our sole discretion.

Please note that under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages, including costs and attorneys fees. Do not submit a Counter-Notice unless you have a good-faith basis for doing so.

6. Repeat-Infringer Termination Policy

In accordance with 17 U.S.C. Section 512(i), HIVEMIND YT LLC has adopted and reasonably implements a policy that provides for the termination, in appropriate circumstances, of the accounts of users of the Service who are repeat infringers of copyright.

We reserve the right, in our sole discretion and consistent with this policy, to limit, suspend, or terminate access to the Service for any user, account holder, or subscriber whom we determine to be a repeat infringer, and to take any other action we deem appropriate, with or without notice. We may also remove or disable access to infringing material, refuse to publish or process material we believe to be infringing, and report infringing activity where required or appropriate.

A user whose account is terminated as a repeat infringer may forfeit access to content, data, and features associated with the account, subject to applicable law, our Terms of Service, and the data-retention practices described in the privacy and terms documents for the Service.

7. Prohibited Infringing Content and No Circumvention

Users must not upload, submit, ingest, generate, publish, or otherwise make available through the Service any content that infringes the copyright or other intellectual property rights of any person, or any content that was obtained by circumventing technological protection measures. This includes content directed to the Create Clips, Knowledge Bases and Video Intelligence, Community Portals, and publishing features of the Service, and content published to connected third-party social platforms through the Service.

HIVEMIND YT LLC does not provide, and the Service must not be used as, a tool for stream ripping or for circumventing access controls or technological protection measures. Circumventing access controls, such as a platform rolling cipher, can be a separate violation of 17 U.S.C. Section 1201 independent of any fair-use analysis of the resulting content. Server-side media rendering performed by the Service processes only media files that a user has uploaded or for which the user holds the necessary rights, and the Service does not circumvent technological protection measures or rip protected streams.

HIVEMIND YT LLC reserves the right to remove or disable access to content that we believe in good faith infringes copyright or was obtained through circumvention, and to suspend or terminate the accounts of users responsible for such content, consistent with this policy and our Terms of Service.

8. Official APIs and Open-Source Components

The analytics and Knowledge Base and Video Intelligence paths of the Service obtain data from YouTube and Google exclusively through official Google and YouTube application programming interfaces, including the YouTube Data API v3, under authorization granted by the user. These paths do not use scrapers and do not perform stream ripping. Caption download is used only for a creator's own channel, which the creator authorizes. Use of these APIs is subject to the applicable YouTube and Google terms referenced in our Terms of Service.

The Service incorporates open-source software components, which are used under their respective licenses. For example, the Service uses code of FFmpeg licensed under the GNU Lesser General Public License (LGPL) version 2.1 or later for media processing. The applicable open-source license notices and attributions for components used by the Service are made available in the about or licenses information for the Service. Each open-source component remains governed by its own license, and nothing in this policy supersedes the terms of any such license.

Use of official APIs and properly licensed open-source components does not transfer any ownership of, or grant any rights in, the underlying copyrighted content beyond what the applicable platform terms, license, and the user's own authorization permit.

9. Contact

All Takedown Notices, Counter-Notices, and other communications regarding copyright under this policy should be directed to our Designated Agent by email at contact@hivemind.yt, with an appropriate subject line such as DMCA Notice or DMCA Counter-Notice. Written notices may also be addressed to HIVEMIND YT LLC at the registered agent on file with the California Secretary of State.

This DMCA and Copyright Policy is operated by HIVEMIND YT LLC and is governed by the laws of the State of California. It should be read together with the Terms of Service, Privacy Policy, and Acceptable Use Policy for the Service. We may update this policy from time to time, and the version in effect is identified by the last updated date shown above.