Effective from: May 11, 2020
Litmus Software, Inc. (“Litmus”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is below. It is our policy to: (1) block access to or remove material that we believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users, content providers, affiliates or advertisers; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on, or accessible through, our website or services infringes a copyright, please send a notice of copyright infringement containing the following information to our Designated Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the notifying party, including address, telephone number, and, if available, email address;
- A statement that the notifying party has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by our Designated Agent:
It is the policy of Litmus to:
- remove or disable access to the infringing material;
- notify the content provider or user that we have removed or disabled access to the material; and
- terminate the access of repeat offenders to our Services.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to our Designated Agent:
- A physical or electronic signature of the content provider or user;
- 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 that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- The content provider’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal court for the judicial district in which the content provider’s or user’s address is located, or, if the content provider’s or user’s address is located outside the United States, for any judicial district in which Litmus is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent as follows:
Litmus Software, Inc.
Attn: Designated Agent for DMCA Notices
675 Massachusetts Ave., 10th Floor
Cambridge, MA 02139 USA