COPYRIGHT INFRINGEMENT & DMCA POLICY

Last Updated: 3 September 2026

Virgo Digital Agency (Pty) Ltd (“Virgo”, “we”, “us” or “our”) respects the intellectual property rights of creators, artists, publishers, businesses and other rights holders.

This Copyright Infringement & DMCA Policy explains how copyright complaints relating to Content available through Virgo-operated websites, applications, platforms and Services may be submitted and how Virgo may respond to such complaints.

This Policy applies to platforms and Services operated by Virgo Digital Agency (Pty) Ltd, including, where applicable:

  • Virgo and myvirgo.co.za;

  • Virgo Music;

  • Event Schedule;

  • Virgo Social;

  • Traveljoint;

  • Virgo Home & Living; and

  • other websites, applications, subdomains, products or Services operated by Virgo.

This Policy should be read together with our Terms of Use & Service and Privacy Policy.

1. COPYRIGHT LAW

Virgo Digital Agency (Pty) Ltd is established in the Republic of South Africa.

Copyright matters concerning Virgo and its Services are therefore subject primarily to applicable South African law, including the Copyright Act 98 of 1978, as amended, together with other applicable intellectual-property legislation.

Because Virgo Services may be accessible internationally, copyright laws of other jurisdictions may also apply in appropriate circumstances.

Where the United States Digital Millennium Copyright Act (“DMCA”) applies, Virgo may process copyright notices and counter-notifications in accordance with applicable provisions of the DMCA.

Nothing in this Policy constitutes an acknowledgement that US law applies to every Virgo Service, User, copyright dispute or transaction.

2. USER RESPONSIBILITY FOR CONTENT

Users who upload, publish, transmit, distribute or otherwise make Content available through Virgo Services are responsible for ensuring that they have the necessary rights to use that Content.

You may not use Virgo Services to unlawfully upload, reproduce, distribute, communicate, stream, publish or otherwise exploit copyrighted material.

You should only upload or distribute Content where:

  • you created and own the relevant rights;

  • you have obtained appropriate permission or licences;

  • the Content is lawfully available for the intended use; or

  • another recognised legal exception or limitation permits the use.

Virgo may remove, restrict or disable access to Content where we reasonably believe that it infringes copyright or other intellectual-property rights.

MUSIC AND AUDIO CONTENT

3. MUSIC RIGHTS

Users uploading music, mixes, recordings, performances or other audio Content through a Virgo Service are responsible for obtaining all permissions and rights necessary for their intended use.

Depending on the Content and manner in which it is used, relevant rights may include rights relating to:

  • musical compositions;

  • lyrics;

  • sound recordings;

  • performances;

  • samples;

  • remixes;

  • adaptations;

  • artwork;

  • photographs; and

  • other protected works.

Possession of a copy of a song, recording or music file does not necessarily give a User permission to upload, stream, distribute, reproduce, remix or make that Content available through a Virgo Service.

Virgo does not grant Users rights in music or other Content owned by third parties.

4. DJ MIXES AND REMIXES

A DJ mix, remix, mashup or similar work may incorporate copyrighted recordings, compositions or performances belonging to third parties.

Uploading or distributing such Content may require permission from relevant rights holders.

Users remain responsible for determining whether appropriate licences, permissions or legal exceptions apply to their Content.

Virgo may disable or remove a mix, remix or recording following a valid copyright complaint or where we otherwise become aware of apparent infringement.

COPYRIGHT COMPLAINTS

5. REPORTING COPYRIGHT INFRINGEMENT

If you believe Content available through a Virgo Service infringes copyright that you own or are authorised to enforce, you may submit a copyright infringement notice to Virgo.

Your notice should include sufficient information for us to identify the claimed work, locate the allegedly infringing material and assess the complaint.

Please include:

5.1 Your Contact Information

Provide:

  • your full legal name;

  • organisation name, where applicable;

  • email address;

  • telephone number; and

  • postal or physical address where reasonably required.

5.2 Identification of the Copyrighted Work

Identify the copyrighted work you believe has been infringed.

If your complaint concerns multiple works, you may provide a representative list where legally appropriate.

5.3 Identification of the Allegedly Infringing Material

Provide sufficient information for Virgo to locate the material.

Where available, this should include:

  • the exact webpage URL;

  • event URL;

  • profile URL;

  • media URL;

  • post URL;

  • file name;

  • account name; or

  • another reasonably precise description of its location.

A general reference to an entire website or Platform may not provide enough information for Virgo to investigate the complaint.

5.4 Ownership or Authority

Explain the basis on which you own the copyright or are authorised to act on behalf of the copyright owner.

5.5 Good-Faith Statement

For notices submitted under the DMCA, include a statement that you have a good-faith belief that the complained-of use is not authorised by the copyright owner, its agent or the law.

5.6 Accuracy and Authority Statement

For notices submitted under the DMCA, include a statement that the information contained in your notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of the exclusive right allegedly infringed.

5.7 Signature

Where required, include your physical or electronic signature.

6. WHERE TO SEND A COPYRIGHT NOTICE

Copyright infringement notices relating to Virgo Services may be submitted to:

Virgo Digital Agency (Pty) Ltd

Copyright Complaints

Email: services@myvirgo.co.za

Please include “Copyright Infringement Notice” in the email subject where possible.

Submitting complete and accurate information will assist us in investigating the complaint.

7. INCOMPLETE NOTICES

Virgo may request additional information where a copyright complaint does not contain sufficient information to:

  • identify the relevant copyrighted work;

  • determine the complainant’s authority;

  • locate the allegedly infringing Content; or

  • reasonably assess the complaint.

Submission of a complaint does not automatically establish infringement.

RESPONSE TO COPYRIGHT COMPLAINTS

8. REVIEW AND REMOVAL

Upon receiving a sufficiently complete copyright complaint, Virgo may investigate the matter.

Depending on the circumstances, we may:

  • remove the Content;

  • disable access to the Content;

  • temporarily restrict the Content;

  • contact the User who submitted the Content;

  • request additional information;

  • preserve relevant records;

  • reject an invalid or incomplete complaint; or

  • take another reasonable action.

Where a valid DMCA notice applies, Virgo will act expeditiously as required by applicable law.

Removal of Content following a complaint does not necessarily constitute a determination by Virgo that copyright infringement has occurred.

9. NOTIFICATION TO THE USER

Where reasonably appropriate and permitted by law, Virgo may notify the User responsible for Content that has been removed or disabled because of a copyright complaint.

That notification may include information necessary for the User to understand and respond to the complaint.

Where the DMCA applies, the User may have the right to submit a counter-notification.

DMCA COUNTER-NOTIFICATION

10. WHEN A COUNTER-NOTIFICATION MAY BE SUBMITTED

If Content has been removed or disabled following a DMCA notice and you believe that the removal occurred because of mistake or misidentification, you may submit a DMCA counter-notification where the DMCA applies.

A counter-notification should not be submitted merely because you disagree with the copyright owner.

You should submit one only where you genuinely believe the removal resulted from mistake or misidentification and you are prepared to make the legally required statements.

11. CONTENT OF A DMCA COUNTER-NOTIFICATION

A DMCA counter-notification must substantially include:

11.1 Your Signature

Your physical or electronic signature.

11.2 Identification of the Removed Material

Identification of the material that was removed or disabled and the location where it appeared before removal.

11.3 Statement Under Penalty of Perjury

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.

11.4 Contact Information

Your:

  • full legal name;

  • address;

  • telephone number; and

  • email address where appropriate.

11.5 Consent to US Federal Court Jurisdiction

Where required by the DMCA, your counter-notification must state that you consent to the jurisdiction of the appropriate United States Federal District Court.

If your address is outside the United States, the statement must provide the jurisdiction required under the applicable DMCA provisions.

You must also state that you will accept service of process from the person who submitted the original copyright notice or that person’s agent.

12. WHERE TO SEND A COUNTER-NOTIFICATION

DMCA counter-notifications may be submitted to:

Virgo Digital Agency (Pty) Ltd

Copyright Complaints

Email: services@myvirgo.co.za

Please include “DMCA Counter-Notification” in the email subject where possible.

13. RESTORATION FOLLOWING A DMCA COUNTER-NOTIFICATION

Where the DMCA applies and Virgo receives a valid counter-notification, Virgo may provide a copy of the counter-notification to the original complainant.

Where required by the DMCA, removed material may be restored not less than 10 and not more than 14 business days after receipt of a valid counter-notification unless Virgo receives notice that the complaining party has commenced an appropriate court action seeking to restrain the alleged infringement.

Virgo may decline restoration where another lawful reason independently justifies removal of the Content, including violation of our Terms of Use & Service.

FALSE OR ABUSIVE COMPLAINTS

14. MISREPRESENTATION

Copyright complaints and counter-notifications must be submitted honestly.

Under the DMCA, a person who knowingly makes a material misrepresentation regarding alleged infringement or the mistaken removal of material may potentially be liable for resulting damages, costs and legal fees.

Virgo may also take action against Users who abuse our complaint procedures, including by knowingly submitting fraudulent, malicious or materially misleading copyright claims.

15. FRAUDULENT COPYRIGHT CLAIMS

You may not use Virgo’s copyright process to:

  • harass another User;

  • remove lawful criticism;

  • suppress competition;

  • obtain confidential information improperly;

  • impersonate a copyright owner;

  • falsely claim ownership of Content; or

  • interfere maliciously with another person’s lawful use of the Services.

Virgo may reject or investigate complaints that reasonably appear fraudulent or abusive.

REPEAT INFRINGEMENT

16. REPEAT INFRINGERS

Virgo may suspend or terminate Users who repeatedly infringe copyright or other intellectual-property rights where appropriate.

In determining whether action is appropriate, Virgo may consider factors including:

  • the number and nature of substantiated copyright complaints;

  • whether Content was repeatedly removed for infringement;

  • the User’s responses to complaints;

  • evidence of deliberate infringement;

  • successful counter-notifications;

  • court decisions;

  • fraudulent notices; and

  • other relevant circumstances.

Receiving multiple copyright complaints does not necessarily establish that a User is an infringer.

Virgo reserves the right to immediately suspend or terminate an account in cases of serious or deliberate infringement.

OTHER INTELLECTUAL PROPERTY

17. TRADEMARK COMPLAINTS

The DMCA applies specifically to copyright and should not be used as the legal basis for trademark complaints.

If you believe a Virgo User is unlawfully using your registered or unregistered trademark, you may contact Virgo at:

services@myvirgo.co.za

Please provide:

  • identification of the trademark;

  • registration details where applicable;

  • identification of the allegedly infringing use;

  • the location of the material;

  • your contact information;

  • your relationship to the trademark owner; and

  • an explanation of why you believe the use infringes your rights.

Virgo may request further information before acting.

18. OTHER INTELLECTUAL-PROPERTY RIGHTS

Complaints concerning intellectual-property rights other than copyright or trademarks may also be submitted to Virgo.

Virgo will assess such complaints according to applicable law, our Terms and the circumstances of the particular matter.

DESIGNATED DMCA AGENT

19. UNITED STATES DMCA DESIGNATED AGENT

Where Virgo has formally registered a Designated Agent with the United States Copyright Office pursuant to applicable DMCA requirements, the details of that Designated Agent may be published here or through Virgo’s applicable website.

The term “DMCA Designated Agent” should only be interpreted as referring to an agent formally designated for purposes of the US DMCA where the applicable registration requirements have been satisfied.

Copyright complaints may nevertheless be submitted to Virgo using the contact details contained in this Policy regardless of whether a complaint arises under the DMCA or another applicable copyright law.

MONITORING AND PLATFORM RESPONSIBILITIES

20. NO GENERAL OBLIGATION TO PRE-SCREEN ALL CONTENT

Where permitted by applicable law, Virgo does not undertake to pre-screen every item of User-generated Content before it is published.

The availability of User Content through a Virgo Service does not mean Virgo endorses, approves or has verified the copyright status of that Content.

Virgo may use manual or automated systems to identify potentially unlawful Content but does not guarantee that such systems will identify every instance of infringement.

21. PRESERVATION AND DISCLOSURE OF INFORMATION

Virgo may preserve information relating to copyright complaints, allegedly infringing Content and associated accounts where reasonably necessary for:

  • investigation;

  • dispute resolution;

  • fraud prevention;

  • legal compliance;

  • litigation;

  • enforcement of our Terms; or

  • establishment, exercise or defence of legal claims.

Personal Information associated with copyright complaints will be processed in accordance with our Privacy Policy and applicable law.

Virgo may disclose information where legally required by a valid court order or other binding legal process.

POLICY GOVERNANCE

22. NO LEGAL DETERMINATION BY VIRGO

Virgo is not a court and does not ordinarily make final legal determinations concerning copyright ownership or infringement.

Our copyright complaint process is intended to allow Virgo to respond responsibly to allegations involving Content hosted or transmitted through our Services.

Complex disputes concerning ownership, licences, fair dealing, fair use or other copyright questions may ultimately need to be resolved between the parties or by a court with appropriate jurisdiction.

23. CHANGES TO THIS POLICY

Virgo may update this Copyright Infringement & DMCA Policy from time to time to reflect:

  • changes in law;

  • changes to Virgo Services;

  • changes to copyright procedures;

  • regulatory requirements; or

  • operational requirements.

The “Last Updated” date indicates when this Policy was most recently revised.

Material changes may also be communicated through our websites, Platforms or other reasonable channels.

24. GOVERNING LAW

Except where another jurisdiction’s mandatory law applies to a particular copyright matter, this Policy and Virgo’s administration of its Services are governed by the laws of the Republic of South Africa.

Nothing in this provision prevents Virgo from responding to a valid notice under the United States DMCA or other applicable foreign law where appropriate.

25. CONTACT US

For copyright, trademark or other intellectual-property complaints relating to Virgo-operated Services, contact:

Virgo Digital Agency (Pty) Ltd

Copyright & Intellectual Property Complaints

Email: services@myvirgo.co.za

Website:
https://myvirgo.co.za/

Please do not send passwords, payment-card information or unnecessary confidential information with an intellectual-property complaint.

26. RELATED POLICIES

This Copyright Infringement & DMCA Policy should be read together with:

Terms of Use & Service:
https://myvirgo.co.za/terms-terms/

Privacy Policy:
https://myvirgo.co.za/terms-privacy-policy/

Other Service-specific policies may also apply.

© Virgo Digital Agency (Pty) Ltd. All rights reserved.

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