Date of Last Revision: August 5, 2013
stickK respects the intellectual property rights of others and prohibits users from uploading, posting or otherwise transmitting on the stickK website any materials that violate another party's intellectual property rights. When we receive a proper Allegation of Copyright Infringement, as set forth below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s) or that material was removed or disabled by mistake.
Allegation of Copyright Infringement
If you believe that your copyrighted work is accessible on the stickK website in violation of your copyright, you may provide our Designated Agent with a written communication that substantially complies with the requirements described in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3). The Allegation of Copyright Infringement should include:
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit stickK to locate the material. This should include a link to a specific page on the stickK website and a description of the infringing portion of the page located at that link.
- Information reasonably sufficient to permit stickK to contact you, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that (i) you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (ii) the information in the notification is accurate, and (iii) under penalty of perjury, you are authorized to act on behalf of the copyright owner or a person authorized to act on behalf of the owner.
You may submit your Allegation of Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:
Designated Copyright Agent
39 East 30th Street, Suite 4
New York, NY 10016
E-Mail: copyright@stickK.com If an Infringement Notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content.
Allegation of Copyright Infringement
If you are a stickK user and access to portions of profile, commitment journal, or other material you have uploaded to teh Website have been disabled pursuant to a valid Allegation of Copyright Infringement, we will notify you. You then have the option to send us a written counter-notice (a "Counter-Notice") stating why your content does not infringe copyrights and asking for access to be reinstated. Counter-Notices need to be sent to our designated agent set forth above and must be a written communication including substantially the following:
- A physical or electronic signature of the user.
- 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 access to it was disabled. This should include a link to a specific page on the stickK website and a description of the disabled or removed portion of the page located at that link.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number.
- A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.