Copyright Policy for TrustProven
1. Introduction
TrustProven Inc. ("TrustProven," "we," "us," or "our") respects the intellectual property rights of others and expects users of our platform (the "Service") to do the same. This Copyright Policy is intended to describe our procedures for addressing claims of copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA").
This policy is incorporated into and is subject to our Terms of Use. By using the Service, you agree to be bound by the terms of this Copyright Policy.
2. Policy on Copyright Infringement
It is our policy to:
- Block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our users.
- Remove and discontinue service to repeat infringers.
TrustProven is a platform for user-generated content in the form of reviews. We do not and cannot prescreen all content. However, we have established a clear process for copyright holders to report alleged infringements.
3. How to Report a Copyright Infringement (DMCA Takedown Notice)
If you are a copyright owner or an agent thereof and believe that any content posted on our Service infringes upon your copyrights, you may submit a formal notification pursuant to the DMCA. Your notification must be in writing and sent to our Designated Copyright Agent (contact information below) and must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- Identification of the copyrighted work or works claimed to have been infringed.
- Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing specific URLs in the body of your email is the most effective way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys' fees, if you knowingly misrepresent that material or activity is infringing.
4. What Happens After We Receive a Takedown Notice?
Upon receipt of a proper DMCA Takedown Notice, we will:
- Expeditiously remove or disable access to the allegedly infringing content.
- Notify the user who posted the content that we have removed or disabled access to the material.
- Provide the user with a copy of the takedown notice.
5. How to File a Counter-Notification
If you are a user who believes that the material you posted was removed or disabled by mistake or misidentification, you may send a written counter-notification to our Designated Copyright Agent. Your counter-notification must include substantially the following:
- Your physical or electronic signature.
- 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 disabled.
- 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.
- Your name, address, telephone number, and email address, 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 the Southern District of New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original infringement notification or an agent of such person.
6. What Happens After We Receive a Counter-Notification?
Upon receipt of a valid counter-notification, we will:
- Promptly forward a copy of the counter-notification to the original complaining party.
- Inform the complaining party that we will replace the removed material or cease disabling access to it in 10 business days.
- Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter-notice, unless our Designated Copyright Agent first receives notice from the complaining party that such party has filed an action seeking a court order to restrain the user from engaging in the infringing activity.
7. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, TrustProven has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.