COPYRIGHT
POLICY
Portfolic
respects the intellectual property rights of
others and we prohibit users from uploading,
posting or otherwise transmitting through any
application or website offered by us any materials
that violate another party's intellectual property
rights. When we receive proper Notification
of Alleged Copyright Infringement as described
below, we promptly remove or disable access
to the allegedly infringing material and terminate
the accounts of repeat infringers in accordance
with the Digital Millennium Copyright Act.
A. Notification
of Alleged Copyright Infringement
If you believe
that your own copyrighted work is accessible
through any website or application provided
by us in violation of your copyright, you may
provide our Designated Agent with a written
communication as set forth in the Digital Millennium
Copyright Act ("DMCA"), 17 U.S.C.
§ 512(c)(3) that contains substantially
the following
1. Identify
in sufficient detail the copyrighted work or
intellectual property that you claim has been
infringed so that we can locate the material.
For example, "The copyrighted work is my
content that appears at http://www.mycontentpage.com/item1_qjofkrns123."
If multiple copyrighted works at a single online
site are covered by your Notification, you may
provide a representative list of such works
at that site.
2. Identify
the URL or other specific location on the application
or website provided by us that contains the
material that you claim infringes your copyright
described in Item 1 above. You must provide
us with reasonably sufficient information to
locate the alleged infringing material. For
example, "The content at the following
URL infringes on my copyright: http://www.anothercontent.com/item2_hjdsi899."
3. Provide
the electronic or physical signature of the
owner of the copyright or a person authorized
to act on the owner's behalf.
4. Include
a statement by you that you have a good faith
belief that the disputed use is not authorized
by the copyright owner, its agent, or the law.
5. Include
a statement by you that the information contained
in your Notice is accurate and that you attest
under the penalty of perjury that you are the
copyright owner or that you are authorized to
act on the owner's behalf.
6. Include
your name, mailing address, telephone number
and email address.
You may
submit your Notification of Alleged Copyright
Infringement to our Designated Agent by fax,
mail, or E-Mail as set forth below:
Designated
Copyright Agent:
Portfolic
E-Mail:
info@portfolic.com
Please note
that you may be liable for damages, including
court costs and attorneys fees, if you materially
misrepresent that content on our website and/or
application is copyright infringing.
Upon receiving
a proper Notification of Alleged Copyright Infringement
as described in this Section A, we will expeditiously
remove or disable access to the allegedly infringing
material and promptly notify the alleged infringer
of your claim. We also will advise the alleged
infringer of the DMCA statutory Counter Notification
procedure described below in Section B by which
the alleged infringer may respond to your claim
and request that we restore this material. If
we receive a Notification of Alleged Copyright
Infringement that does not contain all of the
information described above, but provides a
way for us to contact you, we will promptly
follow up with you to request that you provide
any information not previously provided.
B. Counter
Notification
If you believe
your own copyrighted material has been removed
from our website or application as a result
of mistake or misidentification, you may submit
a written Counter Notification to our Designated
Agent pursuant to 17 U.S.C. § 512(g)(2)
and (3). To be an effective Counter Notification
under the DMCA, your Counter Notification must
include substantially the following:
1. Identification
of the material that has been removed or disabled
and the location at which the material appeared
before it was removed or disabled.
2. A statement
that you consent to the jurisdiction of the
Federal District Court in which your address
is located, or if your address is outside the
United States, for any judicial district in
which the service provider may be found.
3. A statement
that you will accept service of process from
the party that filed the Notification of Alleged
Copyright Infringement or the party's agent.
4. Your
name, address and telephone number.
5. A statement
under penalty of perjury that you have a good
faith belief that the material in question was
removed or disabled as a result of mistake or
misidentification of the material to be removed
or disabled.
6. Your
physical or electronic signature.
You may
submit your Counter Notification to our Designated
Agent by fax, mail, or E-Mail as set forth below:
Designated
Copyright Agent
Portfolic
E-Mail:
info@portfolic.com
If you send
us a valid, written Counter Notification meeting
the requirements described above, we will restore
your removed or disabled material after 10 business
days but no later than 14 business days from
the date we receive your Counter Notification,
unless our Designated Agent first receives notice
from the party filing the original Notification
of Alleged Copyright Infringement informing
us that such party has filed a court action
to restrain you from engaging in infringing
activity related to the material in question.
Please note
that if you materially misrepresent that the
disabled or removed content was removed by mistake
or misidentification, you may be liable for
damages, including costs and attorney's fees.
C. Repeat
Infringer Policy
In accordance
with the Digital Millennium Copyright Act (DMCA)
and other applicable law, we will terminate
access to our website or application by users
who are repeat infringers. We may also at our
sole discretion limit access to our application
and/or website and/or terminate the memberships
of any users who infringe any intellectual property
rights of others, whether or not there is any
repeat infringement.