Sportgenic, Inc.
COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY
Sportgenic, Inc. is committed to protecting intellectual property rights. To that end, we have developed a policy for the submission of and response to notices of alleged copyright and trademark infringement that conform to the format detailed below ("Copyright Notice" or "Trademark Notice"). All Copyright and Trademark Notices must be submitted to Sportgenic by facsimile or regular mail. Sportgenic will not accept E-mail submissions. Any person who submits Copyright or Trademark Notices ("Complainant") containing material misrepresentations may be held liable for damages, including costs and attorneys' fees.
In response to any conforming Copyright or Trademarks Notices, Sportgenic will make a good-faith attempt to verify the allegations contained therein. Based on Sportgenic's findings, Sportgenic may, in its sole discretion and without legal obligation to do so, remove or disable access to the material claimed to be the subject of the infringing activity ("Infringing Material"), suspend its relationship with any affiliate partner or advertiser whose respective content or creative allegedly contains the Infringing Material and/or take any other action permitted and/or required by law. In the event any material is removed or disabled ("Removed or Disabled Material"), or any partnership or advertiser relationship is suspended, Sportgenic will make a good-faith effort to notify said affiliate partner or advertiser or other applicable party ("Respondent") for the purpose of submission of a counter notification ("Counter Notification"), which must also be submitted in writing by facsimile or regular mail.
As with all legal notices, any Copyright or Trademark Notice and/or Counter Notification may be sent to third part(ies) who may make it available to the public.
Upon receipt of a conforming Counter Notification from Respondent, Sportgenic shall provide the Complainant with a copy of the Counter Notification, and inform such Party that it may replace or restore any Removed or Disabled Material, and/or release any suspension imposed upon Sportgenic's partner and/or advertising client relationships, in 10 business days, unless Sportgenic first receives notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to material within Sportgenic's network.
COPYRIGHT AND TRADEMARK NOTICES
In order to submit a Copyright and/or Trademark Notice, the Complainant must submit a written communication containing the following information in the format specified below:
- Identify, in sufficient detail, the copyrighted work (Work") and/or the trademark, service mark, trade dress, name or other indicia of origin ("Mark") that is claimed to be infringed upon, as well as the owner of said Work and/or Mark. If submitting a Trademark Notice, also provide the goods or services covered by or offered under the Mark, and the date the Mark was first used and used in interstate commerce.
- Identify, in sufficient detail, the material that is claimed to be infringing upon the Work or Mark, and provide the URL(s) where said Infringing Material may be found. If submitting a Trademark Notice, also provide the goods or services covered by or offered under the alleged infringing mark.
- Provide information reasonably sufficient to permit Sportgenic to contact the Complainant, including name, address, phone number and email address, if applicable. If Complainant is not the owner of the Work and/or Mark, provide contact information pertaining to the owner(s) of the same.
- Provide information, if possible, sufficient to permit Sportgenic to notify the owner/administrator of the allegedly Infringing Material, including name, address, phone number and email address.
- Include the following statement in the Copyright and/or Trademark Notice(s): "I have a good faith belief that alleged infringing use of the Work and/or Mark is not authorized by the owner(s) of the Work and/or Mark, their agent(s) or the law. Thus, said use infringes on the rights of the owner(s) and is not defensible"
- Include the following statement: "I swear, under penalty of perjury, that the information in the Copyright and/or Trademark Notice(s) is accurate and that I am the owner of the Work and/or Mark, or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the Copyright and/or Trademark Notice(s).
- Send the Notice(s) to the following address or fax number:
Sportgenic, Inc.
Attn.: Legal Dept. (IP Notices)
One Samsone Street, 15th Floor
San Francisco, CA 94104
Fax: (415) 982 2300
COUNTER NOTIFICATIONS
To submit a Counter Notification to a Copyright and/or Trademark Notice, Respondent must provide a written communication that sets forth the following information in the format specified below:
- Identify any Removed or Disabled Material, and the location at which the material appeared before it was removed or disabled.
- Provide Respondent's name, address, telephone number, email address, and a statement that Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which Respondent's address is located (or San Francisco County, California, or any other jurisdiction in which Sportgenic may be found, if your address is outside of the United States), and that Respondent will accept service of process from the person alleging infringement or an agent of such person.
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the action taken against the Removed or Disabled Material was as a result of a mistake or misidentification, or that the alleged Infringing Material has been removed or disabled at the URL identified and will no longer be shown."
- Sign the Counter Notification.
- Send the Counter Notification to the following address:
Sportgenic, Inc.
Attn.: Legal Dept. (IP Counter Notifications)
One Samsone Street, 15th Floor
San Francisco, CA 94104
Fax: (415) 983-2300