SharePlay Intellectual Property Policy
- Welcome
- Copyright/Trademark Infringement Complaints
- Counter-Notice
- Acknowledgement
- Repeat Infringer Policy
- Cookies We Use
- Right of Publicity and Personal Likeness Infringement
Welcome!
SharePlay Interactive LLC (together with its subsidiaries and affiliates, "SharePlay", "we", "us", or "our" ) respects the intellectual property rights of others. If you believe that third-party material hosted by SharePlay on any of our platforms infringes your copyright or trademark rights, please file a notice of infringement in accordance with this Intellectual Property Policy.
Copyright/Trademark Infringement Complaints.
(a) The Digital Millennium Copyright Act (“DMCA”) requires hosting providers to remove or disable access to potentially infringing content upon receipt of a notice that meets certain requirements. For content hosted by SharePlay, SharePlay’s policy is to comply with notices alleging copyright infringement pursuant to the DMCA. Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright owners, as well as requirements for submitting a counter-notification by an affected party. SharePlay applies a similar framework to allegations of trademark infringement. We will process, investigate, and respond expeditiously to notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement.
(b) If you file a notice of copyright or trademark infringement, the notice should be filed with our Copyright Agent:
(c) To submit a notice alleging trademark or copyright infringement, you need to provide us with the following information:
(i)An electronic or physical signature (typing a full name in the reporting form or an email will be sufficient) of the copyright or trademark owner or a person authorized to act on behalf of the owner;
(ii)A description of the material that you claim has been infringed. For copyright, please identify and describe the copyrighted work, and provide a URL where we can see an example of the copyrighted work; For trademark rights, include the basis for your claim, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction, and the description of goods and/or services for which you claim rights;
(iii)Identification of the claimed infringing material, including the URL(s)of such material on SharePlay’s applications, websites, or services;
(iv)Contact information, including the name of the owner of the copyright or trademark at issue and your name, title, address, telephone number, and email address;
(v)A statement that you have a good faith belief that the claimed infringing material is not authorized by the copyright or trademark owner, its agent, or the law; and
(vi)A statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner.
Counter-Notice.
(a) If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright or trademark owner, the copyright or trademark owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to our Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that: (A) you consent to the jurisdiction of the Federal District Court in which your address is located, or Atlanta, Georgia if your address is outside the United States, and (B) you will accept service of process from the person who provided notification of infringement or an agent of such person. (An example would be: “I consent to the jurisdiction of the Federal District Court with jurisdiction in [person’s city and state of residence or “Atlanta, Georgia”], and I will accept service of process from the person who provided notification of infringement or an agent of such person.”); and
(iv) 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 (i.e. “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.”).
(b) If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright or trademark owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Acknowledgement.
You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Repeat Infringer Policy.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Right of Publicity and Personal Likeness Infringement.
If you believe that content hosted by, posted on, or accessible through SharePlay’s applications, websites, or services uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the user directly about your concerns. If that does not resolve your concerns, you may contact our Copyright Agent.
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