Copyright Infringement Policy and the Digital Millenium Copyright Act (DMCA Compliance)
Be it known that:
- Strikingly, Inc. does not control, manage or approve material hosted in Strikingly-hosted sites since these are created/owned/managed by our subscribers.
- Strikingly, Inc. abides by the federal Digital Millennium Copyright Act (DMCA) and opposes any unauthorized infringement of copyrights and as explicitly stated in Article 8, Section F of our Terms of Service.
- Strikingly, Inc. policy includes immediate responses to alleged infringement that comply with the other requirements of the Digital Millennium Copyright Act and other applicable laws.
- Strikingly, Inc. does not have control on content hosted on third-party sites and thus, cannot remove/manage/disable content from sites not hosted by us.
As part of our response, we will:
- Take down or disable sites that is controlled by Strikingly, Inc. where alleged copyrighted content resides 48 hours after the DMCA takedown notification is sent.
- Contact the site/account owner in good-faith attempt so they can make a counter notification, also in accordance with the DMCA.
- Contact the person who submitted the copyright infringement complaint for follow up.
If you are the content owner of the copyrighted material and you didn’t authorize the use of your content, you can:
- Get in touch with your lawyer to get a better understanding of your right and obligations under the DMCA rule and other applicable laws and policies.
- Contact the site administrator via their site’s contact form to have the content removed.
- Send a written and signed notice of infringement (or DMCA notice) to our DMCA Agent, by fax or mail, at the address provided below. The DMCA notice should follow the format set forth in the DMCA Notice section, as per requirement of the United States Digital Millennium Copyright Act (the "DMCA")
Please note that if you make any misrepresentation on the DMCA Notification, you are liable for damages and attorneys’ fees, as pursuant to federal law. In this case, if you are not sure if the site infringes your copyright, please contact your lawyer.
When contacting us, please include the following information:
- The URL of the site that contains the copyrighted material.
- Proof of claim for copyrighted material
If you are the site owner being alleged for infringing copyrights, you can file a Counter Notification that should include the following (as per requirements of the DMCA):
- 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 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 in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Striking.ly, Inc. may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA.
- Your physical or electronic signature.
Please note that any person who willingly and knowingly misrepresents the material or content removed or disabled by mistake or misidentification may be subject to liability as pursuant to federal law.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- 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.
- 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. 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.
To: DMCA Agent
120 Clipper Dr
Belmont, CA 94002
In case you need assistance, shoot us a line at firstname.lastname@example.org or chat with us.