If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights or trademarks, please notify us by providing a written notice (“Infringement Notice”) containing the information described below. If Shivtr takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Shivtr.
Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your intellectual property. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright or trademark, you should consider first contacting an attorney.
You must submit the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Shivtr to find and positively identify that content; for example we require a link to the specific content and a description of which specific portion of the content – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
If the Complaining Party provides Shivtr with appropriate notification, including information reasonably sufficient to permit Shivtr to locate and remove or disable the material in question, then Shivtr will remove or disable access to the material that is claimed to be infringing. A copy of the Infringement Notice will be forwarded to the alleged infringer so they have the option to send us a written counter-notice (a Counter-Notice) stating why the content does not infringe copyrights and asking for access to be reinstated.
You must submit the following information:
- The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed.
- The jurisdiction or geographical area to which the mark applies.
- The name, post office address and telephone number of the owner of the mark identified above.
- The goods and/or services covered by or offered under the mark identified above.
- The date of first use of the mark identified above.
- The date of first use in interstate commerce of the mark identified above.
- The mark the Complaining Party believes is an infringement of its mark.
- The goods and/ or services covered by or offered under the mark claimed to be infringing.
- The precise location of the infringing mark, including electronic mail address, etc.
- A good faith certification, signed under penalty of perjury, stating:
- The mark [identify mark] infringes the rights of another party,
- The name of such said party,
- The mark [identify mark] being infringed, and
- That use of the mark [identify mark] claimed to be infringing at issue is not defensible.
Upon receipt of the appropriate information requested above, Shivtr will initiate an investigation. While investigating the claim, Shivtr, at its sole discretion and without any legal obligation to do so, may temporarily remove or deny access to the challenged material.
If Shivtr concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove or deny access to the challenged material. If Shivtr concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, Shivtr will restore access to the challenged material.
Submitting your Notice
Please submit your Infringement Notice to firstname.lastname@example.org