Copyright Policy

 

Copyright Dispute Policy:

In accordance with the Digital Millenium Copyright Act (“DMCA”), SetSchedule LLC (the “Company”) has adopted the policy below concerning copyright infringement by users of its Services. Company reserves the right to (1) block access to or remove material that Company believes in good faith to be copyrighted material or material that infringes on the intellectual property (“IP”) rights of others, that has been illegally copied and distributed and (2) terminate the online accounts of users who repeatedly post user-generated content (“UGC”) that infringes the IP rights of others. 

Remember that your use of the Company’s Services is at all times subject to the Company’s Terms of Service.  Any terms Company uses in this Policy without defining them have the definitions given to them in the Terms of Service.

(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Company’s Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

a.       A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

b.       Identification of works or materials being infringed;

c.       Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

d.       Contact information about the notifier including address, telephone number, and, if available, email address;

e.       A statement that the notifier has a good faith belief that the material identified in (1)(C) is not authorized by the copyright owner, its agent, or the law; and

f.        A statement made under penalty of perjury that the information provided is accurate and the notifying party if authorized to make the complain on behalf of the copyright owner

(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

a.       Remove or disable access to the infringing material;

b.       Notify the user who is accused of infringement that we have removed or disabled access to the applicable material; and

c.       Terminate such user’s access to the Services if he or she is a repeat offender.

(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the user believes that the material that was removed (or to which access was disabled) is not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the user may send Company a counter-notice containing the following information to the Designated Agent:

a.       A physical of electronic signature of the user;

b.       Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

c.       A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

d.       User’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

(4) Once Proper Counter-Notice is Received by the Designated Agent.  If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

(5) Termination of Repeat Infringers.  A repeat infringer is any user who posts UGC on a Company website or mobile application that results in two or more separate notices of infringement.  Company has a process in place to log notices of IP infringement.  In the event a user is deemed to be a repeat infringer, Company may terminate the account or access of such user at its discretion.  

Please contact Company’s Designated Agent at the following address:

legal@SetSchedule.com

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