Information We Collect
We collect information from and about you, including personal information and information about your use of the Site, the Application, and our Services. Specifically, we collect information: (1) directly from you, such as when you register to use our Site, request our newsletter, or participate in contests, sweepstakes, or other offers and (2) automatically, as you move through our Site and our Application, such as Site usage, browser types, IP addresses or device IDs, and other data, as discussed below.
Information We Collect Directly From You
We request information from you when you register for and for our Site, request our newsletter, request information on special offers, participate in our contests, sweepstakes, and other promotions and contact us. Depending upon the particular activity, we may request the following information from you: your name, email address, zip code.
Information We Collect Automatically
With regard to the Application, we may collect: your mobile device ID, location and language information, device name and model, operating system type (name and version), your activities within the Application and the length of time that you are logged into our Application. We will request your information before we collect your location.
If you are using our Application, we also may collect your location. We will request your permission prior to doing so. We may combine your location information with other information that we have collected about you.
Use of Flash Cookies and HTML5
Our Services enable the use of the Adobe Flash Player. Your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). The Adobe Flash Player (and similar applications) uses flash cookies to remember user settings, preferences and usage in a manner similar to the browser cookies referenced above. Flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your Web browser.
You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools through the settings manager for Adobe Flash, located at: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. Users running the Windows operating system can generally view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. Users running the Apple operating system can generally view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension. If you do not allow flash cookies on your computer, you may not be able to take advantage of or participate in certain features of our Services.
HTML is the software language used for building most of the sites on the internet. Some HTML5 code may allow your responses to advertising and other activities to be monitored across websites, and for such information to be stored on your computer or mobile device and accessed by others you do or have done business with. QDM Inc accesses user activity information stored through this feature of HTML5. As with cookies, other companies that place advertising on our Site may have the ability to access information using this feature as well. QDM Inc does not control and is not responsible for any such access or for their use of information obtained.
Each time a visitor comes to the Site or uses our Application, our servers collect information, including, for example, the visitor’s domain name (e.g., the website that you came from), referral data (e.g., depending on your browser, the address of the last page or series of pages you visited prior to clicking through to our Site), and browser and platform type. We may also count, track and aggregate each visitor’s activity as part of our analysis of general traffic flows at our Site and on our Application (e.g., tracking where traffic comes from, how traffic flows within the Site and our Application, etc.). We collect some of this data directly, and we also may engage third party service providers (e.g., Google Analytics) who use the technologies described in this section, to collect this information and to assist us with our analytics.
Security of Information
QDM Inc makes efforts to protect your information. However, no website, Internet transmission, computer system or wireless connection is completely secure. QDM INC CANNOT GUARANTEE THAT UNAUTHORIZED ACCESS OR DISCLOSURE, HACKING, DATA LOSS OR OTHER BREACHES WILL NOT OCCUR. As with any activity on the internet, your use of the Site and our Services is at your own risk. QDM Inc urges you to take protective steps to keep your information safe by memorizing your password, regularly changing your passwords, keeping them in a safe place (separate from your account information), logging out of your account and closing your Web browser. In addition, you should not provide your password to others. By registering for or using our Services, you are responsible for any use of our Services achieved through the use of your personal password. QDM INC CANNOT AND DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO QDM INC AND YOU DO SO AT YOUR OWN RISK.
Use of Your Information
We use your information, including your personal information, to provide our Services to you and for the following purposes:
- To communicate with you, to respond to your inquiries, and for other customer services purposes.
- To provide information that you have requested to receive from us.
- To tailor the content, including advertisements and information that we may send or display to you, and to otherwise personalize your experiences while using our Services.
- To improve our Services.
- For research purposes.
- For marketing and advertising purposes. For example, we may send you emails about new features of our Site and our Application as well as about our products and services, as well as products and services of third parties, that we believe would be of interest to you.
- To better understand how users access and use our Services, both on an aggregated and individualized basis.
Third parties providing services on our behalf
We may engage third parties to perform services in connection with the operation of our business. Examples of these services include, but are not limited to: (a) distribution of marketing and promotional material; (b) website evaluation and analytics; (c) fulfilling content or service subscriptions; (d) data collection, storage, management, analysis and, where applicable, cleansing, and (e) any other services designed to assist us in maximizing our business potential. These third parties may have access to information about visitors to our Site and our Application, including your personal information, for the purpose of performing their duties and functions.
Investigations and security
We may release information about you when legally required to do so, at the request of governmental authorities conducting an investigation, in response to a subpoena or other legal process, or to verify or enforce compliance with the policies governing our Site, Application, and applicable laws. We may also disclose such user information at our discretion whenever we decide disclosure is necessary to protect the rights, property or safety of QDM Inc, or any of our respective affiliates, business partners, customers or others.
If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company.
Special Information for California Consumers
California residents may request a list of all third parties to which QDM Inc has disclosed certain personal information about you for the third party’s marketing purposes. You may make one request per calendar year. In your request, please attest that you are a California resident and provide a current California address for our response to you.
Our Commitment to Children’s Privacy
Protecting the privacy of children in accordance with the Children’s Online Privacy Protection Act is important to QDM Inc. We do not collect or maintain information from those we actually know are under 13, and no part of our Services is targeted or intentionally structured to attract anyone under 13. If you are under the age of 13, you are not permitted to use our Services. If you are aware of anyone under the age of 13 using our Site, please notify us. Upon confirmation, we will terminate any account that user may have, and we will eliminate any personal information we may have obtained from that user.
Unsubscribe and Data Removal Policies
QDM Inc is committed to complying with the CAN-SPAM Act (15 USC 7704) and related regulations. If you would like to remove your name and e-mail address and any other personal information QDM Inc may have collected, you can send an email requesting removal to email@example.com. QDM Inc will make best efforts to remove the requested data in a timely manner. If you no longer wish to receive promotional emails from us, please follow the opt-out instructions in the text of the email. Please note that it may take up to ten days to process your request. Please also note that if you opt-out of receiving promotional emails from us, we may continue to contact you with via email with service related communications.
Other Sites and Services
Consent to Processing in the United States
Choice of Law
If you have any further questions or concerns about QDM Inc’s privacy policies and use of personal information, please send them to firstname.lastname@example.org
General Data Protection Regulation (GDPR)
Article 13 of Regulation EU 2016/679
1. Purpose of This Notice
2. Your Personal Data
3. Your Rights
As a Data Subject you have rights under the GDPR. These rights are summarized below. QDM Inc will always fully respect your rights regarding the processing of your personal data, and has provided below the details of the person to contact if you have any concerns or questions regarding how we process your data, or if you wish to exercise any rights you have under the GDPR.
4. QDM Inc. Data Protection Principles
principles to govern its collection and processing of Personal Data:
- Personal Data shall be processed lawfully, fairly, and in a transparent manner.
- The Personal Data collected will only be those related to the commercial purposes of the Data Controller and third-party business partners. Such data may be collected directly from the Data Subject or from the Data Controller’s analytics and business partner resources. Such data is intended to be processed for purpose that benefit QDM Inc and its third-party business partners.
- Personal Data shall be retained for a duration as determined by the Data Controller.
- Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.
The Data Subject has the right to make a complaint directly to QDM Inc. by emailing to email@example.com
Personal Data shall only be processed based on the legal basis explained in section 2 above, except where such interests are overridden by the fundamental rights and freedoms of the Data Subject or law enforcement. If the Data Subject has provided specific additional Consent to the processing, then such consent may be withdrawn at any time.
- Data Controller will not use personal data for any monitoring or profiling activity.
5. Transfers to Third Parties
Data Controller intends to share the personal information of the Data Subject to designated third party business partners. Personal Data shall only be transferred to, or processed by, such third party companies where such companies maintain a business relationship with the Data Controller. Personal Data may be transferred to the United States, a country or territory outside the European Economic Area (EEA), based upon the EU recognition that the United States has an adequate level of Data Security, or is made with the consent of the Data Subject, or is made to satisfy the Legitimate Interest of QDM Inc in regard to its contractual arrangements with its clients.
6. Appendix – Definitions of certain terms referred to above:
(Article 4 of the GDPR). ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(Article 4 of the GDPR). means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, erasure or destruction.
Legal Basis for Processing
(Article 6 of the GDPR). At least one of these must apply whenever personal data is processed:
- Consent: the individual has given clear consent for the processing of their personal data for a specific purpose.
- Contract: the processing is necessary for compliance with a contract.
- Legal obligation: the processing is necessary to comply with the law (not including contractual obligations).
- Vital interests: the processing is necessary to protect someone’s life.
- Public task: the processing is necessary to perform a task in the public interest, and the task or function has a clear basis in law.
- Legitimate interests: the processing is necessary for the legitimate interests of the Data Controller unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
(Article 4 of the GDPR). The person or company that determines the purposes and the means of processing personal data.
(Article 4 of the GDPR). A natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.
Data Subject Rights
(Chapter 3 of the GDPR). Data Subjects have the following eight rights:
- The right to be informed; This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
- The right of access; this is your right to see what data is held about you by a Data Controller.
- The right to rectification; the right to have your data corrected or amended if what is held is incorrect in some way.
- The right to erasure; under certain circumstances you can ask for your personal data to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
- The right to restrict processing; this gives the Data Subject the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
- The right to data portability; a Data Subject has the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.
- The right to object; the Data Subject has the right to object to further processing of their data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
- Rights in relation to automated decision making and profiling; Data Subjects have the right not to be subject to a decision based solely on automated processing.
Information We Collect. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following sources:
- Directly from our users or information shared by our users to a third party business partner.
- Directly and indirectly from activity on our website (song.of-the-day.com). For example, from submissions through our website portal or website usage details collected automatically.
- From third-party business partners and analytics firms that interact with us in connection with the website(s) we maintain and services we perform.
Use of Personal Information. We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to provide you information on certain services or commercial offer.
- To provide you with information, products or services that you request from us or that are deemed relevant by us to the offers and business interests of our third party business partners.
- To provide you with email alerts and other notices concerning our products or services, or events or news, that may be of interest to you from our third party business partners.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To improve our website and present its contents to you.
- For testing, research, analysis and product development.
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category I: Professional/employment-related information.
Category F: Internet/other similar network activity
Category G: Geolocation data
Category K: Inferences drawn from other personal information.
We disclose your personal information for a business purpose to these third parties:
- Our affiliates and business partners.
- Service providers.
- Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have sold personal information.
Your Rights and Choices. The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Your Right to Know
The right to know (aka “Right of Access”) gives consumers the right to obtain a copy of personal information about them as well as other supplementary information. It enables individuals to understand how and why data about them is used and shared, and to check whether the personal data is being used in a lawful way. The right to know is granted by Cal. Civ. Code Sections 1798.100, 1798.110 and 1798.115.
Consumers have a right to:
- Confirmation and supplementary information regarding personal information “collected” in the last 12 months: Consumers have a right to obtain confirmation of whether data about them is being collected and shared and, where that is the case, have access to supplementary information (which largely corresponds to the information that should be provided under the Obligation to Inform). The supplementary information includes access to: (1) categories of personal information the business has collected or sold about that consumer; (2) the categories of sources from which the information was collected, (3) the business or commercial purpose for which the business collected the personal information; (4) the categories of third parties to whom the personal information is disclosed or sold; and (5) the business or commercial purpose for which it is the personal information is sold or disclosed.
- Access the specific pieces of information “collected” in the previous 12 months: The business shall provide a free copy of the personal information that it holds once in a 12 month period. For any further copies requested by the consumer, the business may charge a reasonable fee based on administrative costs or deny the request. The information shall be provided in a portable form. The right to obtain a copy shall not adversely affect the rights and freedoms of others.
Exercising Your Right to Know
To exercise your right to know as described above, please submit a verifiable consumer request to us by either:
- Submit a request
- Emailing firstname.lastname@example.org
- Calling us at 208.577.6957
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Submit a request
- Emailing email@example.com
- Calling us at 208.577.6957
The right to opt-out in the California Consumer Privacy Act gives consumers the ability to direct QDM Inc. not to sell their personal information to a third party.
Exercising Opt-out Rights
To exercise the opt-out rights described above, please submit a verifiable consumer request to us by either:
- Submit a request
- Emailing firstname.lastname@example.org
- Calling us at 208.577.6957
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
song.of-the-day.com – DMCA Policy
It is the policy of QDM Inc to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act of 1998, as amended, and other applicable intellectual property laws. This page describes how to serve a Notice of Infringing Material and what to do if any material you have placed on any QDM Inc page or QDM Inc properties becomes the subject of such a notice.
Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with QDM Inc’s rights and obligations under the DMCA and do not constitute legal advice to you.
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable subscriber access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.
Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.
By using some of our services, you license other customers to copy works you have uploaded into specific sections of those services or sites. Please examine the posted agreements and terms of service in any situations where you and the alleged infringer are each a customer or subscriber to the same service, since you may have granted a license for some or all uses of your works on the QDM Inc site.
If you are a copyright owner or an agent thereof and you believe that any content or link on QDM Inc’s site has infringed upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent the following information in writing:
- Your physical or electronic signature;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services;
- Information to permit QDM Inc’s agent to contact you: your 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Designated DMCA Agent. QDM Inc’s designated DMCA Copyright Agent to receive Notices of Infringing Material is:
Phone: (208) 577-6957
Only DMCA notices should go to our DMCA Copyright Agent. Please send electronically with confirmation of Read Receipt to verify we have received your notice. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
Account Termination. Some QDM Inc services may not have account holders or subscribers. For sites or services that do, QDM Inc will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact QDM Inc’s agent and provide information sufficient for us to verify that the account holder or subscriber has been determined to be in violation of the DMCA repeatedly.
Counter-Notification. In some instances, a QDM Inc’s user that has uploaded or posted materials identified as described above may supply a counter-notification. The owner of an affected page on one of QDM Inc’s sites or services, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, we reserve the right to reinstate the posts or material in question.
To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. PLEASE NOTE THAT YOU WILL BE LIABLE FOR DAMAGES IF YOU MATERIALLY MISREPRESENT THAT CONTENT OR AN ACTIVITY IS NOT INFRINGING THE COPYRIGHTS OF OTHERS. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact your own attorney for DMCA and related copyright advice. A sample counter-notification may be composed using the PDF forms at www.lumendatabase.org