DMCA Notice and Takedown Policy

Last Updated: May 30, 2025

1. Digital Millennium Copyright Act (DMCA)

Apex Marketing inc. is the owner and operator of topdesktopgames.com, and any affiliated websites and related mobile versions ("Top Desktop Games"). Although our website is not based in the United States, we respect the intellectual property rights of copyright holders, and thus have chosen to voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act ("DMCA"). We respect the intellectual property rights of others. It is our policy to respond to valid DMCA notices and take appropriate actions under the U.S. Digital Millennium Copyright Act and other applicable intellectual property laws.

2. Filing a DMCA Notice

If you believe that content on our site infringes your copyright, you may submit a formal takedown request.

To file a DMCA takedown notice, please send a written request that includes:

Your full legal name and contact information (email and mailing address)
A description of the copyrighted work you claim has been infringed
The URL(s) of the allegedly infringing material on our site
A statement that you have a good faith belief that the use is unauthorized
A statement, under penalty of perjury, that the information you’ve provided is accurate and that you are the copyright owner or authorized to act on their behalf
Your physical or electronic signature

You may send your Notice of Claimed Infringement ("Notice") to:

DMCA Agent – Top Desktop Games
4683 boul. Guillaume-Couture
Lévis, QC G6W 1H5, Canada
Email: dmca[at]topdesktopgames[at]com

Please do not send other inquiries 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.

Further information regarding notification and takedown requirements can be found in the DMCA, here: https://www.law.cornell.edu/uscode/text/17/512

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or counter-notification, can result in legal liability for damages, court costs, and attorneys' fees under federal law. See 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement, or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all legal qualifications before submitting a DMCA Notice to our Designated Agent.

How We Respond to Take Down Notices

The following "notification and takedown" procedures apply upon receipt of any notification of claimed copyright infringement. Top Desktop Games reserves the right at any time to disable access to or remove any material or activity accessible on Top Desktop Games that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances. We will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S. C. § 512 of the DMCA. Our DMCA Notice Procedures are set forth in the preceding paragraphs. If the Notice does not comply with § 512 of the DMCA but does comply with three requirements for identifying sites that are infringing according to § 512 of the DMCA, we shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Designated Agent receives a valid Notice, we will expeditiously remove and/or disable access to the infringing material.

3. Counter Notification

If you believe your content was removed in error or misidentified, you may file a counter-notification that includes:

Your full legal name and contact information
The URLs of the content that was removed
A statement under penalty of perjury that you believe the content was wrongly removed. For convenience, the following language may be used:

I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.

Your consent to the jurisdiction of the U.S. federal court in your district (or the district where we are located, if outside the U.S.)
Your physical or electronic signature

We may restore the removed content if the original claimant does not file a court action within 10 business days of receiving your counter-notice.

Written counter-notification containing the above information must be signed and sent to:

DMCA Agent – Top Desktop Games
4683 boul. Guillaume-Couture
Lévis, QC G6W 1H5, Canada
Email: dmca[at]topdesktopgames[at]com

4. Repeat Infringer Policy

We reserve the right to remove user content and disable access for users who repeatedly violate copyright laws.

5. Important Note

Filing a false DMCA claim is a legal offense and may result in liability for damages, court costs, and attorney fees. Only submit truthful claims that meet the requirements above.

6. English Language

All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

7. Modifications

We reserve the right to modify, alter, or add to this policy, and all affected persons should regularly check back to stay current on any such changes.

8. Customer Service Requests

Please note that the Designated Agent is not associated with Top Desktop Games in any other capacity. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to our customer service department.