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Copyright Infringement Policy

 

If you have grounds to believe that your copyright has been infringed by material appearing on the AppFusions site, please review and act according to AppFusions's copyright infringement policy below, which was enacted in compliance with the Digital Millennium Copyright Act (DMCA).

Step 1: Claimant Must Notify AppFusions In Writing

If you have grounds to believe that your copyright has been infringed by material appearing on the AppFusions site, you, the claimant, must notify in writing AppFusion's designated agent for copyright infringement notification at:

legal@appfusions.com

A notification of claimed infringement must include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the site are covered by a single notification, a representative list of such works at the site;
  • 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 AppFusions to locate the material;
  • Information reasonably sufficient to permit AppFusions to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

Include the following statement: "I 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."; and
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Claimant's Liability for Misrepresentations. The claimant should note that pursuant to 17 U.S.C. §512(f) of the DMCA, any person who knowingly materially misrepresents that the material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensees, or by AppFusions, who is injured by such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Step 2: Take Down Procedure

Upon receipt of the claimant's notification per Step 1 above, AppFusions will
remove or disable access to the material and, if applicable; and issue the claimant a notice in writing that the material has been removed or access to it has been disabled.

No further action shall be taken by AppFusions unless the circumstances in Step 3 and/or 4 arise.

Step 3: Counter-notification

If AppFusions believes that the material should not be removed, AppFusions may issue a counter-notification, which shall consist of the following:

  • A physical or electronic AppFusions signature;
  • Identification of the material that has been removed and the location at which the material appeared before it was removed;
  • A statement under penalty of perjury that the material was removed as a result of mistake or misidentification of the material to be removed; and
  • AppFusions' legal representative name, address, and telephone number, and a statement that AppFusions consents to the jurisdiction of the Federal District Court for San Francisco, CA, and that you will accept service of process from the claimant or an agent of such claimant.

Step 4: Action by AppFusions Upon Receipt of Counternotification

Upon receipt of such counternotification, AppFusions will promptly provide the claimant with a copy of the counter notification, and inform the claimant that it will replace the removed material, unless its designated agent first receives notice from the claimant that such person has filed an action seeking a court order to restrain from engaging in infringing activity relating to the material on AppFusions's system or network.

Claimant's Request for Identification of Infringer. In the event that the claimant cannot obtain the address and contact information on the publicly viewable pages of the AppFusions site, AppFusions shall not provide such information to the claimant unless the claimant obtains a subpoena to identify the infringer, in accordance with 17 U.S.C.§512(h).

 

 

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