Effective Date: July 14, 2023
This Copyright Dispute Policy (the “Policy”) sets out the terms and procedures by which Monsarrat, Inc. (“Monsarrat”, “Company”, “we”, “our” and “us”) will endeavor to address what you believe to be instances of copyright infringement that you have reported to us accordingly. Please remember that your use of Company’s Services is at all times subject to our Terms of Use, which incorporates this Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
In accordance with the Digital Millennium Copyright Act, 15 USC Section 512 (the “DMCA”), Company has adopted the policy below regarding copyright infringement. Company reserves the right to (1) block access to or remove material that Company believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders. Company may also suspend, disable, and/or terminate the accounts of users who have been identified as repeatedly engaging in infringing activities or for other related reasons.
1. Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through Company’s services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Company Designated Agent (our “Designated Agent,” whose contact details are listed below):
- 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 Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in 1.c. 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.
Consult your own attorney and/or see 17 U.S.C. Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements.
Please send your notice to Company’s Designated Agent at the following address:
Monsarrat, Inc.
933 5th Street, Unit 5
Santa Monica, California 90403
Email: support@monsarrat.com
2. Once Proper Bona Fide Infringement Notification Is Received by Monsarrat’s Designated Agent.
Once you submit your notice, Company with send you a confirmation message. We will then send you a follow up message once your notice has been processed.
If Company determines, in its sole discretion, that your claim(s) of infringement is (are) legitimate, Company reserves the right to:
- remove or disable access to the infringing material and take other actions Company deems appropriate;
- notify the content provider who is accused of infringement that Company has removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Company’s services if he or she is a repeat offender.
If Company believes, in its sole discretion, that your notice is valid, we may inform the party accused of infringing your rights of your claim(s) and forward your contact information to that party should they have any follow-up questions.
If your notice of infringement is rejected, we will not take action against the party accused of infringement and, specifically, will not remove the content you reported as infringing. You will receive a notification with the reason for rejection of your notice.
Please note that Company reserves the right to disallow or block any party from submitting take-down notices and/or complaints via this process should we determine, in our sole discretion, that such party has repeatedly filed fake or unsubstantiated notices and/or has done so for purposes we find to be vexatious or in bad faith.
3. Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider accused of infringement believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider 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 may send Company a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- 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 has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’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 address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company 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 Company’s Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company 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 accused of committing infringement, 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 Company’s discretion.
Consult your own attorney and/or see 17 U.S.C. Section 512(g)(3) of the Digital Millennium Copyright Act to confirm these requirements.
