Intellectual Property The Notice and Notice Regime and DMCA
Information about the Notice and Notice Regime and Digital Millennium Copyright Act of 1998, as well as information on Trademarks and Patents at Allied Media.
The Notice and Notice Regime / DMCA Notice
At Allied Media Incorporated and our affiliates (collectively, “Allied Media”), we take claims of copyright infringement extremely seriously.
Summary of the Process
The notification process outlined here is consistent with the process suggested by the Notice and Notice Regime in Canada and the Digital Millennium Copyright Act – Online Copyright Infringement Limitation Act [17 U.S.C. § 512] (the text of which can be found at the Canadian site http://www.ic.gc.ca (Link) U.S. Copyright Office Web Site, http://www.copyright.gov and for Canada at Link). Here is a summary of the process:
If anyone believes that material on a Allied Media.com-hosted website infringes their copyright, that person may send us a written notice as described below. We will attempt to remove or disable the allegedly infringing material.
We will attempt to notify the user who posted the allegedly infringement material. That user then has the right to request that the material be re-enabled. If they properly make such a request, we will re-enable the material unless and until the two parties jointly ask us to remove it or a court orders us to remove it.
Rules of the Road…
Only copyright owners can report a suspected infringement to us. If you are not the copyright owner (or the authorized representative of the owner) you cannot report a suspected infringement to us. If you believe that any content on a website infringes another party’s copyright, you should advise the copyright owner directly. Please note that you may be liable for damages, including court costs and attorney’s fees, if you materially misrepresent that content on a website is copyright infringing. When in doubt, you should consult an attorney. In any event, if you believe your copyrights are being infringed, we strongly urge you to contact the user directly.
How to write the notice
We need your help finding the infringing content and we need to be sure that we are doing the right thing by removing the content. We therefore require the below details in your notice:
Your name, mailing address, telephone number and email address;
Sufficient detail about the copyrighted work;
The URL or other specific location on our websites that contains the material that you claim infringes your copyright;
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 (your might wish to state “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”);
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 copyright owner’s behalf (something like “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).
An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Where to Send Your Notice
Your notice can be sent to our copyright agent at:
Allied Media Incorporated
Attn: Legal Department – Copyright Notices
2 Robert Speck Parkway, Suite 750
Mississauga, L4Z 1H8
How will Allied Media Respond?
After we receive proper written notice, we will expeditiously remove or disable the allegedly infringing content, regardless of the nature of the copyright (a post, a webpage, or an application, for example). We will document those alleged infringements on which we act. Also, we will notify the user and, if requested, provide the report to the user. Please note that in addition to being forwarded to the user who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be sent to a third-party which may publish and/or annotate it. We may exclude egregiously or repeat infringers from our websites and terminate their Allied Media.com services.
Restoration of the Removed Content
If a user of our websites believes that their content was removed or disabled by mistake or misidentification, the user can send us a written counter-notification which includes the following:
The user’s name, mailing address, telephone number and email address.
Identification of the material that has been removed or disabled and the URL or other specific location on our websites at which the material appeared before it was removed or disabled.
A statement that the user consents to the jurisdiction of the Federal District Court in which the user’s address is located, or Mississauga, Ontario, Canada if the user’s address is outside Canada.
A statement under penalty of perjury that the user has 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 (something along the lines of “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”)
The user’s physical or electronic signature.
We will restore the removed or disabled content following 10 business days from the date that we received a proper written counter notification, unless our copyright agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.
Trademark and Copyright
Trademarks, Trade Marks, and Service Marks
A trademark is a word, name, symbol, design, or device (or a combination of these) that identifies the goods or services of a person or company and distinguishes them from the goods or services of others. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion. Unless we grant written permission in a contract or other document, or describe below a permitted use, you may not use any of Allied Media’s trademarks. But, even after we grant such permission, we retain the right to modify or revoke such permission in our sole discretion unless otherwise prohibited in a separate agreement.
All graphics, logos, page headers, icons, feature, and service names included in or made available through Allied Media and/or Allied Media Websites are trademarks, service marks, or other intellectual property of Allied Media. Such trademarks and other intellectual property may not be used in any manner that is not authorized by law or expressly by Allied Media in writing, or in any manner likely to cause confusion, or that disparages or discredits Allied Media. All other trademarks not owned by Allied Media that appear on this website are the property of their respective owners. All rights reserved.
Copyrights are exclusive rights in original works, including certain written, pictorial, and graphical works, audiovisual works, and computer programs. The owner of a copyright in a work has the right to exclude others from reproducing, displaying, distributing, creating derivative works from, performing, or otherwise using the work. Allied Media owns a copyright in its logos, website designs and content, videos and other promotional materials, and its proprietary computer code, as well as other works not specified here. You may not use, reproduce, distribute, or create derivative works from any copyrighted work, or any portion of a copyrighted work, owned by Allied Media without first receiving a license or a fully executed Permission to Use Trademark and/or Copyrighted Work form. But even after we grant you permission to use a work, we retain the right to modify or revoke that permission in our sole discretion unless prohibited in a separate agreement.
Allied Media is a provider of artificial intelligence, automation, and computer software and services, and Allied Media’s technology can be found in Allied Media’s products and those offered by our affiliates, subsidiaries, and commercial partners. This page is intended to serve as notice under 35 U.S.C. § 287(a) and patent applications may be pending or published, and patents may have issued in the United States and elsewhere which are not identified on this list.
Allied Media uses Free and Open Source software within several of its products.
The declaration of respective licenses can be downloaded here in PDF format.
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