Notification of copyright infringement.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office Website, we will respond expeditiously to claims of copyright infringement committed using our service that are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the site and service (collectively the “Service”) by completing the following DMCA notice of Alleged Infringement and delivering it to our Copyright Agent.
Upon receipt of notice as described below, our Copyright Agent will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service and/or termination of the user’s account in appropriate circumstances.
DMCA notice of alleged infringement.
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this notice – you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found. Provide your mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” Provide your full legal name and your electronic or physical signature. Deliver this notice, with all items completed, to our Copyright Agent.
Counter notice.
Identification of the material that has been removed or to which access has been disabled on the service and the location at which the material appeared before it was removed or access to it was disabled: I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Your name, address, telephone number and, if available, email address: I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which we may be found, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person. Your physical or electronic signature (full legal name):____________________________ The counter notice should be delivered to our Copyright Agent.
Trademark infringement.
If you believe that your trademark (the “Mark”) is being used by a user in a way that constitutes trademark infringement, please provide our Copyright Agent (specified above) with the following information:
Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf; Information reasonably sufficient to permit it to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address; Identification of the Mark(s) alleged to have been infringed, including for registered Marks, a copy of each relevant federal trademark registration certificate or for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you; Information reasonably sufficient to permit our Copyright Agent to identify the use being challenged; A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner. Upon receipt of notice as described above, our Copyright Agent will seek to confirm the existence of the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Service.
User’s agreement to hold us harmless from claims.
Claimants and users must understand that we are not an intellectual property tribunal. While we and our Copyright Agent may at our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us and our Copyright Agent.