Copyright Notices. We respect the rights of intellectual property owners and expect our Users to do the same. We also have a policy of terminating, in appropriate circumstances, the accounts of Users who are repeat infringers. If you believe that any User-Generated Content on the Services infringes any copyright that you own or control, please send a notice of alleged copyright infringement (a “Copyright Notice”) to Finalytics’s Designated Agent at the following address:
Designated Agent: Craig McLaughlin
Address: 400 Concar Drive
San Mateo, CA 94402
E-Mail Address: firstname.lastname@example.org
The Copyright Notice must be addressed to Finalytics’s Designated Agent, as listed above, and must include all of the following:
- A legend or subject line that says: “Copyright Notice”;
- A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- A description of where the material believed to be infringing is located on the Services (please be as detailed as possible and provide the URL on which the material appears);
- Your full name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the Copyright Notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- The physical or electronic signature of the copyright owner.
Please note that if you knowingly misrepresent that any activity or material (including Content or User-Generated Content) on the Services is infringing, you may be liable to Finalytics for certain costs and damages.
If Finalytics is notified by a copyright holder that any Content or User-Generated Content infringes a copyright, Finalytics may in its sole discretion remove such Content or User-Generated Content from the Services, or take other steps that Finalytics deems appropriate, without prior notification to the User or other party who supplied or posted that Content or User-Generated Content. If such User or other party believes that the Content or User-Generated Content is not infringing, that User may in certain circumstances submit a counter-notification to Finalytics with a request to restore the removed content, which Finalytics may or may not honor, in Finalytics’s sole discretion.
Counter-Notifications. If access to your User-Generated Content through the Services is disabled or your User-Generated Content is removed from the Services as a result of a Copyright Notice, and you believe that the disabled access or removal is the result of mistake or misidentification, then you may send a Copyright Counter-Notification to our Designated Agent (as listed in Section).
The Copyright Counter-Notification must contain the following information:
- A legend or subject line that says: “Copyright Counter-Notification”;
- A description 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 access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);
- 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 of the material to be removed or disabled;
- Your full name, address, telephone number, e-mail address, and the username of your account;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Northern District of California), and that you will accept service of process from the person who provided copyright notification to us or an agent of such person; and
- Your electronic or physical signature.
Please note that if you knowingly misrepresent that any activity or material (including any User-Generated Content) on the Services was removed or disabled by mistake or misidentification, you may be liable to Finalytics for certain costs and damages.