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ArtistSignal Copyright and Intellectual Property Policy
Updated February 10, 2012
The terms of this Copyright and Intellectual Property Policy (“IP Policy”) are incorporated into ArtistSignal’s Artist Terms and Conditions of Use or User/Voter Terms and Conditions of Use (both, the “Terms”). All capitalized term used but not defined in this IP Policy shall have the meanings set forth in the Terms. By using the Site, you agree to the terms of this IP Policy.
In accordance with the Digital Millennium Copyright Act (“DMCA”) (http://www.copyright.gov/legislation/dmca.pdf), we will respond promptly to notices of alleged infringement that are reported to us.
Before proceeding, please understand that should you knowingly materially misrepresent that an activity is infringing, you may be liable for damages
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by delivering a DMCA Notice of Alleged Infringement (“DMCA Notice”) with the following information to the address listed below.
1. Identify the copyrighted work or works that you claim have been infringed.
2. Identify the material or link(s) you claim is infringing and to which access is to be disabled, including the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted 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 right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver the DMCA Notice, with all items completed, to us:
We do not permit copyright infringing activities on the Site and, if properly notified, will remove or disable access to infringing content. In addition, we reserve the right to remove or disable access to content for any or no reason without prior notice. In appropriate circumstances, we will also terminate the users who we determine, in our sole discretion, are or may be repeat infringers.
A poster of Content that is alleged to be infringing material may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When we receive a counter notice, we may reinstate the material in question, in our sole discretion. To provide a counter notice to us, please deliver a notice with the following information to the address listed below.
1. Identify the material that has been removed or to which access has been disabled on the Site and the location at which such material appeared before it was removed or access to it was disabled.
2. Provide your mailing address, telephone number, and email address.
3. Include both of the following statements in the body of the Notice:
“I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled.”
“I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which ArtistSignal may be found, and I will accept service of process from the complaining party who notified ArtistSignal of the alleged infringement or an agent of such person.”
4. Provide your full legal name and your electronic or physical signature.
Deliver the counter notice, with all items completed, to us:
We may be required to disclose information to individuals asserting rights under the DMCA. By using the Site, you hereby authorize us to release information about you if required by law or subpoena, without prior notice to you.
You agree that you, and not ArtistSignal, are responsible for any violations of any intellectual property rights in any Content that you upload to the Site.
If you believe that your trademark is being used by a user in a way that constitutes trademark infringement, please provide deliver a notice to us including the following information:
1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit us to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the trademark claimed to have been infringed, including (i) for registered trademarks, a copy of each relevant federal trademark registration certificate or (ii) for common law trademarks, evidence sufficient to establish the time period and geographic area in which such trademark has been used by you;
4. Information reasonably sufficient to permit us to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of, or are authorized to act on behalf of the owner of, the trademark in question.
Upon receipt of notice as described above, we will confirm the existence of the trademark on the Site, notify the user who posted such trademark, and take whatever action we deem to be appropriate, in our sole discretion, including removal or takedown of such trademark from the Site. A user may respond to notice of takedown by showing that: (a) the trademark in question has been cancelled, or has expired or lapsed or (b) that the user has a trademark registration, an unexpired license covering the use, or some other relevant right to the trademark in question. If the user succeeds in showing either (a) or (b), then the trademark in question will not be removed or may be reinstated if previously removed.
Notwithstanding the foregoing, we will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.
Rights of Publicity
We respect the rights of individuals to exploit their own name, voice, performance, identity, style, “look and feel,” signature, photograph or likeness, and we prohibit our users from posting any Content that would otherwise misappropriate a third party’s right of publicity. If you think that your right of publicity is being misappropriated as a result of any Content on the Site, please deliver a notice to us including the following information:
1. Information reasonably sufficient to permit us to identify the Content containing your likeness or other identifying and proprietary information or data in whatever form;
2. Your name, address, telephone number and email address;
3. A statement that you, or in the case of a minor, your parent or legal guardian, (the “Authorizing Party”) have not authorized the challenged use, and that the use is not otherwise authorized by law; and
4. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Authorizing Party or that you are authorized to act on behalf of the Authorizing Party.
Upon receipt of notice as described above, we will take whatever action we deem to be appropriate, in our sole discretion, which may include the removal of the challenged Content from the Site. In the event that we remove the challenged Content from the Site, we will provide notice to the user in question. If, prior to such removal, the user in question sufficiently demonstrates that he or she has appropriate authorization or consent to use your likeness, we may, in our sole discretion, refuse to remove the Content in question from our Site.
Notwithstanding the foregoing, we will comply as appropriate with the terms of any court order relating to the challenged Content.