Cloudsmith - Copyright Policy
 
 

COPYRIGHT PROTECTION POLICY

It is our policy to respond to clear notices of alleged 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 us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

Although we disclaim legal liability for any such infringement, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity or terminating users. 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 notice, and all related subsequent legal notices, may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

Infringement Notice

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail; email may be used only 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 material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed.
  2. Identify the material that you claim is infringing the copyrighted work.
  3. Provide information reasonably sufficient to permit us to contact you (your email address is preferred).
  4. Provide information, if possible, sufficient to permit us to notify the party responsible for the allegedly infringing web page or other content (email address is preferred).
  5. Include the following statement: "I believe in good faith that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. 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."
  7. Sign the notice and send it to us, addressed as follows:
    Cloudsmith Inc.
    General Counsel
    [address]
    fax

Counter-Notification

The administrator of an affected site or the provider of affected content may make a counter-notification pursuant to the Digital Millennium Copyright Act. When we receive a counter-notification, we may decide to reinstate the material in question.

To file a counter-notification, please provide a written notice (by fax or regular mail; by email only 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.

To expedite our ability to process your counter-notification, please use the following format:

  1. Identify the specific material that we have removed or to which we have 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 for New York County, 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 believe in good faith that each search result, message, or other item of content 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 notice and send it to us, addressed as follows:
    Cloudsmith Inc.
    General Counsel
    [address]
    fax

Account Termination

We may terminate repeat infringers, where we deem appropriate. If you believe that one of our users is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

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