Copyright Notices | Welcome to Mindjot! This page describes the Mindjot Copyright Policy under the Digital Millennium Copyright Act and the process to notify Mindjot of Copyright Infringements (asking Mindjot to remove content that has previously been posted) and Counter-Notifications (asking Mindjot to re-publish content that has previously been removed). If you wish to have content removed or re-published for reasons other than copyright, please see the contact information in the Terms of Use. Your use of the mindjot.com system signifies your acceptance of and agreement with the policy as described in this document. If you do not agree with this policy, then you may not use the Mindjot system. If we make any significant changes to this policy, we will notify you by posting a notice of such changes on the sign in page. 1. Copyright Infringement Notification To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed along with: 1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. 3. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 4. A statement that the complaining party has 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. 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to our designated agent as follows: Mindjot Copyright Agent Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 2. Counter-Notification In the event that Mindjot receives a notice with respect to any user materials and removes such materials or disables access to them, Mindjot reserves the right, at its discretion, to give the person whose materials were removed or disabled the opportunity to provide a counter notification and have such materials restored. To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that you may 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. Please understand that filing a counter notice may lead to legal proceedings between you and the complaining party to determine ownership, and if your claim is rejected, you may face severe legal and financial penalties. More information and a sample counter notification may be found at: www.chillingeffects.org/dmca512/ If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): 1. A physical or electronic signature of the complaining party. 2. Identification 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. 3. A statement under penalty of perjury that the complaining party has 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. 4. The complaining party’s name, address, and telephone number, and a statement that the complaining party consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the complaining party’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the complaining party will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Such written notice should be sent to our designated agent as follows: Mindjot Copyright Agent Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of complaining parties who are repeat infringers. 3. Termination of Repeat Copyright Infringers It is Mindjot’s policy to terminate accounts of persons who have repeatedly infringed copyright works. If we receive multiple notifications of infringement with respect to your account or other evidence of repeat infringement and have not received a satisfactory explanation as to why you are not a repeat infringer, we will terminate your account. The determination of whether you have provided a satisfactory explanation as to why you are not a repeat infringer shall be made by Mindjot in its sole discretion. If we terminate your account, you are prohibited from future use of Mindjot’s services. 4. How to Contact Us Mindjot welcomes your questions and comments. Please direct any communications to: Copyright Notices You may also click the Contact Us link on the bottom of each page within the web site. DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. WE ADVISE YOU TO CONSULT YOUR ATTORNEY. 2008 February 14 |
