Speckly respects the intellectual property of others. Per the Terms of Service Agreement, all users of Speckly Services are required to comply with applicable copyright laws. In the instances where Speckly is notified of potential infringing activity, Speckly will take appropriate steps to remove or disable access to material claimed to be the subject of infringing activity and/or termination of user accounts if applicable. The procedural form which shall be consistent with and follow the United States Digital Millennium Copyright Act ("DMCA") (the text of which can be found at http://www.copyright.gov) as described in this DMCA Policy.
Speckly is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (http://www.copyright.gov/title17/92chap5.html#512). Speckly has adopted an efficient notice and removal policy as described herein.
SPECKLY DESIGNATED AGENT CONTACT INFORMATION To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by Speckly ("Designated Agent") Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. You may send the notice to one of the below contact points for Speckly.s Designated Agent:
Speckly
Attn: DMCA Complaints
PO Box 2629
Menlo Park, CA 94026
DMCA provides legal procedures for owners of copyrighted materials to notify any Online Service Provider to disable any of your copyrighted material that appears online without your authorization. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
(1) Notifying Speckly of Copyright Infringement:
To provide Speckly notice of an infringement, you must provide a written communication to the Designated Agent to the attention "DMCA Infringement Notification. to the above listed Designated Agent contact information.
(2) To submit a proper DMCA Notification, please provide the following information:
TAKEDOWN PROCEDURE
Per the Terms of Service Agreement, all users are expected to comply with copyright laws. However, upon receipt of a proper written notification of copyright infringement, Speckly will remove or disable the described infringing content. Speckly will make a good faith effort in order to notify the owner of the affected content, so that they may send a Counter Notification. In the event of receipt of a Counter Notification, Speckly will comply with the appropriate DMCA provisions.
NOTICE TO USERS OF SPECKLY SERVICES FOR COUNTER NOTIFICATION
Pursuant to the Terms of Service Agreement, you agreed to use only lawfully-acquired creative works as website content, and your content may be disabled upon receipt of notice that infringing material is appearing there. Your use of Speckly services may also be suspended.
Speckly also respects the legitimate interests in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to content that has been disabled due to a copyright complaint. You may protest a DMCA notice by submitting a Counter Notification as described below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others.
(1) Providing Speckly with Counter Notification:
If you feel that your material does not constitute infringement, you may provide Speckly with a counter notification by written communication to the Designated Agent to the attention of "DMCA Counter Notification" to the above listed Designated Agent contact information.
(2) To submit a proper DMCA Counter Notification, please provide the following information: # State your name, address, telephone number, and email address. # State that your access was disabled due to operation of the notice and takedown procedure. # Identify the material that has been removed and designate its URL prior to removal or other unique identifying information. # State that you have .a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material," # State that you "consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located." # State that the information in the Counter Notification is accurate, under penalty of perjury. # Sign the Counter Notification with either a physical or electronic signature.
ADDITIONAL POLICY TERMS
(1) Repeat Infringers
Speckly may, in its discretion, use all appropriate means to terminate user access to Speckly services who are repeat infringers.
(2) Accommodation of Standard Technical Measures
It is Speckly's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
(3) Policy With Regard To Non-Compliant Communications
Speckly has discretion to handle non-compliant Notifications and Counter Notifications in whatever manner appears to be reasonable given the circumstances presented.
(4) Submission of Misleading Information
The submission of misleading information of any sort in a Notification or Counter Notification submitted to Speckly voids any claim of right made by the submitting party.
Last modified: June 4, 2008