Colossee, Inc. (“Colossee”) respects the intellectual property rights of creators and expects all users of its Service to do the same. This policy describes our procedures for addressing claims of copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), and for processing counter-notices by users who believe their content was removed in error.
Safe Harbor Statement
Colossee qualifies as an “online service provider” within the meaning of the DMCA and is entitled to certain protections from liability for copyright infringement under 17 U.S.C. § 512. These protections require, among other things, that Colossee:
- -Designate an agent to receive copyright infringement notifications (see Section 2).
- -Register that agent with the U.S. Copyright Office.
- -Expeditiously remove or disable access to material upon receiving a valid notice.
- -Terminate accounts of repeat infringers in appropriate circumstances.
Designated Copyright Agent
Colossee has designated the following agent to receive notifications of claimed copyright infringement in accordance with 17 U.S.C. § 512(c)(2):
Filing a Takedown Notice (DMCA 512(c)(3))
If you believe that content available on or through the Colossee Service infringes your copyright, you may submit a written notification to our Designated Agent. To be effective under the DMCA, your notice must include ALL of the following elements, as specified in 17 U.S.C. § 512(c)(3):
Required Elements
- -1. Physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- -2. Identification of the copyrighted work(s) claimed to be infringed. If multiple works at a single site are covered by a single notification, a representative list is acceptable.
- -3. Identification of the infringing material and information reasonably sufficient to permit us to locate it — for example, the URL of the Registry Entry page or provenance certificate.
- -4. Your contact information, including your name, mailing address, telephone number, and email address.
- -5. A statement of good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- -6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Submitting Your Notice
Send your complete DMCA notice to our Designated Agent at dmca@colossee.com with the subject line “DMCA Takedown Notice.” Written notices may also be mailed to the address listed in Section 2.
Notices sent by email will generally receive a faster response. Upon receipt of a valid, complete notice, Colossee will act expeditiously to remove or disable access to the identified material and will notify the user who registered the content.
Filing a Counter-Notice (DMCA 512(g))
If you believe that your content was removed or access to it was disabled as a result of mistake or misidentification of the material, you may submit a written counter-notice to our Designated Agent. Under 17 U.S.C. § 512(g)(3), your counter-notice must contain:
Required Elements
- -1. Your physical or electronic signature.
- -2. Identification of the material that was removed or to which access was disabled, and the location at which the material appeared before it was removed or access was disabled (for example, the former URL).
- -3. A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
- -4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside the United States), and that you will accept service of process from the party who provided the original DMCA notice.
Process After Counter-Notice
Upon receipt of a valid counter-notice, Colossee will forward a copy to the original complainant and inform them that the removed material may be restored or access re-enabled in no less than ten (10) and no more than fourteen (14) business days, unless our Designated Agent first receives notice that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity related to the material.
If the complainant does not file such an action within the required period, Colossee may, at its discretion, restore the removed material or re-enable access to it.
Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i), it is Colossee’s policy to terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyright or other intellectual property rights.
Colossee tracks DMCA notices associated with each user account. A user who receives two or more valid, uncontested DMCA takedown notices within any rolling twelve-month period, or who is found to have engaged in systematic infringement, may have their account suspended or permanently terminated without notice and without refund of any unused Credits.
Colossee reserves the right to account termination after even a single strike in cases of particularly egregious or willful infringement, or where the user’s pattern of conduct demonstrates bad faith.
International Copyright Claims
For copyright infringement claims arising outside of the United States, please contact our Designated Agent at dmca@colossee.com with “International Copyright Claim” in the subject line. While the DMCA procedures above technically apply only to U.S. copyright law, we will evaluate international claims in good faith and take appropriate action consistent with our values and applicable legal obligations.
Relationship to Terms of Service
This DMCA Policy is incorporated by reference into our Terms of Service. By using the Service, you agree to be bound by this Policy. Colossee’s rights to suspend or terminate accounts under this Policy are in addition to, and not in lieu of, rights available under the Terms of Service.