We (Amplafi, Inc, the owner and operator of Amplafi) respect the intellectual property rights of others, and we ask our users to do the same. Users must make their own determinations as to whether what they create or copy and how they share it violates anyone's rights, including copyright rights or any laws or any contractual or fiduciary relationship. Under the User Agreement, we may, in appropriate circumstances and at our discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others.
To Copyright owners alleging infringement
We value your creative effort and your ability to protect your living. We also value free speech. We encourage you to define your rights, but ask that you take the time to understand others' rights as well. In particular, understand the difference between libel, slander and copyright. Before sending in a DMCA notice, it is advisable to consult with a lawyer to find out if that is the best or most appropriate legal alternative. Using the DMCA act inappropriately is expensive to Amplafi and damaging to our business and valuable customers. We reserve our rights to collect damages to cover our costs from inappropriate DMCA requests. This would be separate from any legal action the alleged infringer initiates.
While not required to send in a DMCA takedown notice, Amplafi would rather have the two parties work out a compromise. Lawyers and lawsuits are expensive and uncertain.
Never the less, if you believe that your work has been copied, framed or otherwise used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent for notice of claims of copyright or other intellectual property infringement under the Digital Millennium Copyright Act (DMCA) the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim infringes on the intellectual property and the location of such material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
By Mail: Amplafi 1129 Wright Avenue Mountain View, Ca 94043 Attn: Patrick Moore By Phone: 650-207-9792 By Email: copyright (a-t) amplafi (dot) com
If we receive such a notification that complies or substantially complies with the DMCA, we reserve the right to refuse or to make private or delete the allegedly infringing material in accordance with the User Agreement. If the content has been placed off our server(s) (such as on a personal blog), we cannot make it private or delete it. We reserve our rights to take action against you if you misrepresent that a fair use constitutes infringement. Please research the difference prior to starting any irreversible legal action.
If we remove or make private any content, we may notify the user that created or posted the relevant content or other material that it has removed or made private so that the user may make a counter notification under the DMCA.
If you have allegedly violated Copyright law:
You may send in a counter-notification. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
- the user's electronic or physical signature;
- identification of the content that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
- a statement under penalty of perjury that you have 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 user's name, address and telephone number, and a statement that the user consent to the jurisdiction of the Federal District Court for any judicial district in which Amplafi may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed content, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, we will replace the removed content, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless our designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the content on the Site or our server.
Some suggested resources before resorting to lawyers:
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