Trademark and Digital Millennium Copyright Act Policy
It is our policy to respond to clear notices of alleged trademark or copyright infringement.
This page describes the information that should be present in these notices. It
is designed to make submitting notices of alleged infringement to Brandscreen as
straightforward as possible while reducing the number of notices that we receive
that are fraudulent or difficult to understand or verify. The form of notice specified
below is consistent with the form suggested by the United States Digital Millennium
Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site,
http://www.copyright.gov) but we will respond to notices of this form from other
jurisdictions as well.
Regardless of whether we may be liable for such infringement under local country
law or United States law, our response to these notices may include removing or
disabling access to material claimed to be the subject of infringing activity and/or
terminating subscribers. If we remove or disable access in response to such a notice,
we will make a good-faith attempt to contact the owner or administrator of the affected
site or content so that they may make a counter notification. We may also document
notices of alleged infringement on which we act. Please note that in addition to
being forwarded to the person who provided the allegedly infringing content, a copy
of this legal notice may be sent to a third-party which may publish and/or annotate
it. As such, your letter (with your personal information removed) may be forwarded
to Chilling Effects (http://www.chillingeffects.org) for publication. You can see
an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
Infringement Notification
To file a notice of infringement with us, you must provide a written communication
(by fax or regular mail -- not by email, except by prior agreement) that sets forth
the items specified below. Please note that you will be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that a product or activity
is infringing your copyrights. Accordingly, if you are not sure whether certain
material of yours is protected by copyright laws, we suggest that you first contact
an attorney.
To expedite our ability to process your request, please use the following format
(including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been
infringed. For example, "The copyrighted work at issue is the text that appears
on http://www.domain.com/page.html" 2. Identify the material that you claim is infringing
the copyrighted work listed in item #1 above. Identify each page that allegedly
contains infringing material by providing its URL. 3. Provide information reasonably
sufficient to permit Brandscreen to contact you (email address is preferred). 4.
Include the following statement: "I have a good faith belief that use of the copyrighted
materials as described above is not authorized by the copyright owner, its agent,
or the law." 5. Include the following statement: "I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed." 6. Sign the paper. 7. Send the written communication to
the following address: Brandscreen, Inc. Attn: Brandscreen General Counsel 19 Beach
St Ph New York, NY 10013 OR Fax to the written communication to: +1 408 914 2464,
Attn: Brandscreen Support, DMCA complaints
Counter Notification
The content provider of an affected title may make a counter notification pursuant
to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive
a counter notification, we will reinstate the material in question.
To file a counter notification with us, you must provide a written communication
(by fax or regular mail -- not by email, except by prior agreement) that sets forth
the items specified below. Please note that you will be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that a product or activity
is not infringing the copyrights of others. Accordingly, if you are not sure whether
certain material infringes the copyrights of others, we suggest that you first contact
an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following
format (including section numbers):
1. Identify the specific URLs of material that Brandscreen has removed or to which
Brandscreen has disabled access. 2. Provide your name, address, telephone number,
email address, and a statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located (or New York City,
New York if your address is outside of the United States), and that you will accept
service of process from the person who provided notification under subsection (c)(1)(C)
or an agent of such person. 3. Include the following statement: "I swear, under
penalty of perjury, that I have a good faith belief that each search result or message
identified above was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled, or that the material identified by the
complainant has been removed or disabled at the URL identified and will no longer
be shown." 4. Sign the paper. 5. Send the written communication to the following
address: Brandscreen, Inc. Attn: Brandscreen General Counsel 19 Beach St Ph New
York, NY 10013 OR Fax to the written communication to: +1 408 914 2464, Attn: Brandscreen
Support, DMCA complaints
For any additional questions regarding DMCA, please contact us at cs@brandscreen.com
or +1 408 914 2464.
Account Termination
Many Brandscreen Services do not have account holders or subscribers. For Services
that do, Brandscreen will, in appropriate circumstances, terminate repeat infringers.
If you believe that an account holder or subscriber is a repeat infringer, please
follow the instructions above to contact Brandscreen and provide information sufficient
for us to verify that the account holder or subscriber is a repeat infringer.