Digital Millennium Copyright Act (DMCA)
Last updated: 01/31/2021
We take the intellectual property rights of others seriously and require that our Customers and their Users do the same. If you believe someone has uploaded content to an MartechGuru website or service that infringes your copyright or your trademark, please let us know by sending us an infringement notice as described below. We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.
The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that we have implemented for MartechGuru services.
If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through a MartechGuru service, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:
- A description of the copyrighted work that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
- Your address, telephone number, and email address;
- The following statement: “I have a good faith belief that the use of the copyrighted material described in this notice is not authorized by the copyright owner, its agent, or the law (such as as fair use, fair dealing, or other exceptions)”;
- The following statement: “Under penalty of perjury, I certify that: (i) the information in this notice is accurate; and (ii) I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Before you file your DMCA Notice, please consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. You could be liable for costs and attorneys’ fees if you file a DMCA Notice when there is no infringing use. Please contact an attorney if you are unsure. When you submit a DMCA Notice, we always provide a copy of your notice to the customer or user who uploaded the content you say is infringing.
Our designated copyright agent to receive such claims can be reached as follows:
- By email: email@example.com
We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.
This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
If you are a trademark owner, or agent of the owner, and believe that content available by means of one or more of our websites or services infringes one or more of your trademarks, please send us a notice containing the information requested for a DMCA Notice, as described above. We will handle these notices similarly to the process described for copyright violations and may disclose the notice to the customer or user who uploaded the content you say is infringing.