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Last updated: 07/05/2018
Softcube Inc. (“Softcube”) has adopted the following general policy towards copyright infringement in accordance with Digital Millennium Copyright Act (“DMCA”), a copy of which Act may be found at:
You may find the contact details of the Designated Agent to Receive Notifications of Claimed Infringement (“Designated Agent”) at the end of this policy.
If You are a copyright owner or the legal agent of a copyright owner, and You believe that any User’s Content or other materials provided through the Softcube Website and/or Services infringes upon our copyrights, You have a right to submit a notification pursuant to the DMCA. Please consider following prior to sending contacting us:
- Please don’t report infringement of a copyright if you are not the owner of it, or someone who is authorized to represent the owner. If You think that someone else’s copyright is being infringed, please tell them and direct them to this page.
- Please report copyright infringement only if you have a genuine claim. If you make groundless or malicious reports of copyright infringement, You risk having your account suspended or terminated. You may also be liable for damages (including costs and legal fees) incurred Softcube, the person whose tracks You report and/or any copyright owner or an authorized licensee, as the result of tracks being removed in reliance on your notice.
- Please provide detail. The more information we have regarding Your claim, the quicker we can process Your notice.
Procedure for Reporting copyright infringement.
You can report a copyright infringement by sending a notice to our Designated Agent. Based on the DMCA, please include the following information to Your notice and forward it to the Designated Agent:
- Identify the material comprising the copyrighted work that you claim has been infringed; if multiple copyrighted works are covered by this DMCA Copyright Notice — you may attach a representative list of each copyrighted work that you claim has been infringed.
- Identify (a) the material that you claim is infringing (or is the subject of infringing activity) and that you are asking the Company to remove by this Notice or access to which you are asking the Company to disable, and a link, screenshot or other reasonably sufficient information to permit the Company to find the material on the SoftCube Services, including at a minimum, if applicable, the URL of the link shown on the Website or mobile application where such material may be found, and (b) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and reasonably sufficient information to permit us to locate that reference or link.
- Provide your contact information: mailing address, telephone number, and email address.
- Include both of the following statements as the last two paragraphs of the text of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive intellectual property right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature, as the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Deliver this Notice, with all items completed, to the Designated Agent.
If we receive a takedown notice in accordance with the foregoing, we will remove the material cited in the notice and attempt to notify any user who uploaded the allegedly infringing material if we have their contact information. Any such user will have the opportunity to submit a “counter-notice” as set forth below. If we determine that any user has repeatedly infringed upon the intellectual property rights of others, we will disable any accounts that user has with us when appropriate.
If you receive a notification that Your User Content provided through the Softcube Services, including on the Website has been removed due to a claim of copyright infringement in a DMCA Copyright Notice, it means that the content has been deleted from the Softcube Services at the request of the content’s owner. If your account receives too many copyright complaints, you may lose the ability to post new content on the Softcube Services, and your account may be disabled completely.
If You believe that Your User Content was removed in error, you have the option to file a counter-notice (“Counter-Notice”) by following the steps below. Upon receipt of a valid Counter-Notice, we will forward a copy to the person who filed the original DMCA Copyright Notice. If we do not receive notice within 10 business days that the submitter of the original claims in their DMCA Copyright Notice is seeking a court order to prevent further infringement of the content at issue, we will remove the claim and the DMCA Copyright Notice from Your account’s record, and we may, but are not obligated to, replace the Contribution that was removed.
NOTE: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a Counter-Notice, be sure that You are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
Procedure to Deliver Counter-Notice
To file a Counter-Notice include following all information and forward it to the Designated Agent:
- Your name, address, and telephone number;
- DMCA ID printed at the bottom of the DMCA Copyright Notice email;
- Copy and paste the link in the DMCA Copyright Notice email, to provide the source address of the Contribution that was removed;
- A statement under penalty of perjury that you have a good faith belief that the Contribution was removed in error;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Softcube Inc. may be found, and that you will accept service of process from the person who provided the original complaint under DMCA Copyright Notice or an agent of such person.
- A physical or electronic signature (for example, typing your full name).
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at email@example.com.
Designated Agent: Oleg Liesov
ADDRESS: 2470 West 1st Street, 7a Brooklyn, NY 11223.