DMCA and Intellectual Property Takedown Policy

Effective Date: 18 February 2023

TGS Tech respects the intellectual property rights of others and expects all users of its platforms and services to do the same. This policy outlines the process for reporting copyright and trademark infringement occurring on or through TGS Tech platforms, services, and community spaces, including Apex Engine, HeroEngine, HeroCloud, Apex Connect, and TGS Tech managed forums.

1. Copyright Infringement Claims

If you believe that content available on or through any TGS Tech platform or service infringes your copyright, you may submit a takedown notice in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Your notice must include all of the following:

• Your full legal name, address, telephone number, and email address.
• A description of the copyrighted work you claim has been infringed.
• A description of the material you claim is infringing, with sufficient detail for TGS Tech to locate it, including the URL or specific location on the platform.
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
• Your physical or electronic signature.

2. Trademark Infringement Claims

If you believe that content available on or through any TGS Tech platform or service infringes your trademark rights, you may submit a trademark infringement notice. Your notice must include all of the following:

• Your full legal name, address, telephone number, and email address.
• The trademark you claim is being infringed, including the registration number and jurisdiction where the mark is registered, if applicable.
• A description of the material you claim is infringing, with sufficient detail for TGS Tech to locate it, including the URL or specific location on the platform.
• A statement explaining how the material infringes your trademark rights.
• A statement that you have a good faith belief that the use of the material is not authorized by the trademark owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the trademark owner or authorized to act on behalf of the trademark owner.
• Your physical or electronic signature.

3. TGS Tech Intellectual Property

TGS Tech actively enforces its intellectual property rights, including its registered trademarks for Apex Engine, AE, HeroEngine, and HeroCloud, and all associated copyrights and trade secrets. Unauthorized use of TGS Tech intellectual property, including unauthorized reproduction, distribution, or use of TGS Tech trademarks, software, or proprietary content, will be addressed through appropriate legal channels.

TGS Tech's intellectual property enforcement efforts include but are not limited to:

• Filing DMCA takedown notices with hosting providers, domain registrars, and platform operators.
• Pursuing trademark infringement claims through applicable national and international trademark offices and courts.
• Cooperating with law enforcement agencies, including the FBI and IC3, in matters involving criminal intellectual property violations.
• Seeking injunctive relief, damages, and other remedies available under applicable law.

4. Counter Notification

If you believe that material you posted was removed or disabled as a result of a mistake or misidentification, you may submit a counter notification. Your counter notification must include all of the following:

• Your full legal name, address, telephone number, and email address.
• Identification of the material that was removed or disabled and the location where it appeared prior to removal.
• A statement, made 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.
• A statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or if your address is outside the United States, the Federal District Court for the District of Maryland.
• Your physical or electronic signature.

TGS Tech will review counter notifications and respond in accordance with applicable law. Please note that submitting a false counter notification may result in legal liability.

5. Repeat Infringer Policy

TGS Tech maintains a repeat infringer policy. Users or entities who repeatedly infringe the intellectual property rights of TGS Tech or third parties will have their access to TGS Tech platforms and services permanently terminated. TGS Tech reserves the right to pursue additional legal remedies against repeat infringers.

6. Limitation of Liability

TGS Tech acts in good faith when processing takedown notices and counter notifications. TGS Tech is not liable for any damages resulting from the removal or restoration of content in response to a takedown notice or counter notification submitted in good faith. Parties who submit false or misleading notices or counter notifications may be liable for damages, including costs and legal fees, under applicable law.

7. Governing Law

This DMCA and Intellectual Property Takedown Policy is governed by the laws of the United States and the State of Maryland. Any disputes arising under this policy will be resolved in the Federal District Court for the District of Maryland or the courts of the State of Maryland.

8. Modifications

TGS Tech reserves the right to update this policy at any time. Changes will be communicated through the Apex Engine website, official community channels, and other TGS Tech platforms. Continued use of any TGS Tech Service following notification of changes constitutes acceptance of the updated policy.

9. Contact Information

All copyright and trademark infringement notices and counter notifications must be submitted to TGS Tech's designated agent:

• DMCA and IP Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
• Legal Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
• Mailing Address: TGS Tech, 7315 Wisconsin Ave, Suite 422, Bethesda, MD 20814

Please note that notices submitted for purposes other than reporting intellectual property infringement will not receive a response through this channel. For general support or platform questions, please contact This email address is being protected from spambots. You need JavaScript enabled to view it..