Take-Down Procedures for Potentially Libelous, Infringing, or Illegal Content

1. Purpose and Scope

These take-down procedures (the "Procedures") establish a clear, fair, and timely process for receiving, reviewing, and responding to notices alleging that content made available on any websites operated or controlled by Perfect Game Incorporated ("PG") (the "Websites") is (a) defamatory or potentially libelous, (b) infringing (including copyright infringement under the Digital Millennium Copyright Act (DMCA) or similar laws), or (c) otherwise illegal or violates applicable law (collectively, Prohibited Content). The Procedures are intended to protect the security and integrity of the Websites and to reduce reasonably foreseeable legal, operational, and user harm arising from Prohibited Content, while providing a transparent process for complainants and affected users.

2. Definitions

1. Content means any text, images, audio, video, software, links, listings, comments, messages, profiles, or other materials posted, transmitted, stored, or made available through the Websites.
2. Notice means a written request submitted under Section 3 alleging that specific Content constitutes Prohibited Content.
3. Complainant means the person or entity submitting a Notice.
4. Affected User means the person or entity that posted, uploaded, or otherwise made the Content available (if identifiable by PG).
5. Remove/Removal includes deleting, disabling access to, delisting, geo-blocking, restricting visibility, or otherwise limiting access to Content, in PG's reasonable discretion.
6. Business Day means a day other than a Saturday, Sunday, or public holiday where PG is located.

3. Submission Requirements for a Valid Notice

To be processed, a Notice must be submitted in writing to PG at the contact point designated on the Websites and must include, at minimum:

1. Identification of Content: the specific URL(s) and sufficient information to locate the Content.
2. Basis for the Claim: a clear explanation of why the Content is alleged to be Prohibited Content (defamation/libel, infringement, illegality, or other legal violation), including the jurisdictions implicated if known.
3. Supporting Information: any reasonably available documentation supporting the claim (e.g., for copyright: identification of the copyrighted work and the allegedly infringing material; for defamation: the allegedly false statements and why they are false; for illegality: the law or legal basis alleged to be violated).
4. Complainant Information: name, email address, and a method for follow-up contact.
5. Good-Faith Statement: a statement that the Complainant has a good faith belief the claim is accurate.
6. Authority Statement: if submitted by an agent, a statement of authority to act for the rights-holder or affected party.
7. Signature: physical or electronic signature of the Complainant (or authorized agent).

4. Intake, Acknowledgment, and Initial Review

1. Acknowledgment: PG will use commercially reasonable efforts to acknowledge receipt of a valid Notice within a reasonable time.
2. Triage: PG may prioritize review where the Notice credibly alleges imminent harm, criminal activity, threats, or court-ordered removal.
3. Information Security and Integrity: PG may take reasonable steps to preserve relevant records and logs associated with the Notice and the Content to protect the security and integrity of the Website(s) and to support lawful review and enforcement, consistent with applicable law.

5. Actions Available to PG

Upon review, PG may, in its reasonable discretion and consistent with applicable law:

1. Remove or Restrict Content (including temporary restriction pending further review);
2. Request Additional Information from the Complainant or Affected User;
3. Decline Action where the Notice is incomplete, not credible, seeks removal of lawful content, or otherwise fails to establish a reasonable basis for action;
4. Escalate to legal review where appropriate (including where defamation, complex ownership disputes, or jurisdictional issues are implicated); or
5. Report to law enforcement or appropriate authorities where the Notice credibly alleges illegal activity or where required by law.

6. Notice to Affected User; Opportunity to Respond

1. User Notification: Where feasible and lawful, PG may notify the Affected User of the Notice and any action taken (including temporary restriction) and may provide a summary of the allegations or the Notice (redacted as appropriate).
2. Response/Counter-Notice: Where applicable (including DMCA contexts), PG may allow the Affected User to submit a written response disputing the claim, including any counter-notice permitted by law, and may restore or maintain Content as required or permitted by applicable law.
3. Repeat or Abusive Conduct: PG may take additional measures (including account-level restrictions) for repeated posting of Prohibited Content or repeated submission of bad-faith or abusive Notices, consistent with applicable law and the Websites terms.

7. Timing; No Guarantee of Outcome

1. Reasonable Efforts: PG will use reasonable efforts to review Notices and take action it deems appropriate without undue delay; however, timing may vary based on volume, complexity, and legal requirements.
2. No Admission: Any Removal or restriction is not an admission of liability, wrongdoing, or that the Content is unlawful.
3. Discretion and Legal Compliance: PG retains the right to act (or not act) consistent with applicable law, court orders, and the Website(s) terms, and to implement safeguards designed to minimize reasonably foreseeable risks to the Website(s) and users.

8. Misrepresentations; Good-Faith Requirement

The Complainant and any Affected User submitting a response or counter-notice must not knowingly make material misrepresentations. PG may reject, deprioritize, or take appropriate action regarding submissions that appear fraudulent, abusive, or made in bad faith, consistent with applicable law.

9. Recordkeeping and Privacy

PG may maintain records of Notices, responses, actions taken, and related communications for operational, security, and legal compliance purposes, and may share information as necessary to process the Notice, comply with law, enforce the Websites terms, or protect the Websites and users, consistent with applicable law.