Effective Date: Mar 8th, 2019
Swomi Inc. and/or one its subsidiaries or affiliated companies (collectively, "Swomi" or "we" or "us") respects the intellectual property rights of others and provides this Copyright Policy to describe Swomi's policy of prohibiting users from uploading, posting or otherwise transmitting on or to this and other websites, web pages, applications, widgets, blogs, social networks, and other online or wireless services (accessible through various desktop and mobile web browsers, locally installed mobile applications and various API services that Swomi may offer from time to time) (collectively, the "Websites") any information or materials that violate another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA's requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office's web page at www.copyright.gov for details of the current DMCA requirements.
A. Notification of Alleged Copyright Infringement If you believe in good faith that materials hosted by Swomi infringe your copyright (for example, materials posted by a user on one of our message boards), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Websites are covered by a single notification, you may provide a representative list of such works on the Websites, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
2. Identification of the URL or other specific location on the Websites that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them.;
3. Your name, address, telephone number and email address (if available);
4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
5. A statement 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; and
6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice will not be valid. You must submit any notification of an alleged copyright infringement to Sccop.it's DMCA Agent by fax, mail, or email as set forth below:
701 5th Avenue, 42nd Floor
Seattle, WA Phone:
Email: email@example.com with the subject line "Copyright Policy - DMCA Notification"
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED FOR THE DMCA AGENT WILL NOT BE ANSWERED. Please note that you may be liable for damages, including court costs and attorney fees, if you materially misrepresent materials on the Websites that are infringing a copyright.
B. Counter Notification If you believe in good faith that your own copyrighted material has been removed from the Websites as a result of mistake or misidentification, you may submit a written counter notification letter to Swomi's DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or in San Francisco, California if your address is outside the United States;
3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
4. Your name, address and telephone number;
5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Websites location and will no longer be shown or accessible; and
6. Your physical or electronic signature. You acknowledge that if you fail to comply with all of the requirements of this Section B, your DMCA counter notification will not be valid. You may submit your counter notification to Swomi's DMCA Agent by fax, mail, or email as set forth below:
701 5th Avenue, 42nd Floor
Phone: (206) 388-3680
Email: firstname.lastname@example.org with the subject line "Copyright Policy - "DMCA Counter Notification"
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
If a counter notice is received by Swomi's DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that Swomi may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Swomi or the user, the removed content may be replaced or access to it restored by Swomi. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
C. Account Termination Please be aware that it is Swomi's policy to terminate the user accounts of repeat infringers. If you believe that a user is a repeat infringer, please follow the requirements above, but also include information or evidence that will reasonably prove to Swomi that the user is a repeat infringer. If you provide false information to Swomi regarding any of the above notifications, counter-notifications or repeat infringer notifications, Swomi, may immediately terminate your user account and you may be subject to legal and equitable remedies.