Intellectual Property Rights Policy
Next 10 has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA,” 15 U.S.C. § 512). If you believe a user of our service has infringed your intellectual property rights, we encourage you to contact us using the procedure outlined below. The address of Next 10’s Designated Agent to Receive Notifications of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
A. PROCEDURE FOR REPORTING INTELLECTUAL PROPERTY INFRINGEMENT:
It is our policy to (1) block access to or remove any content (including, without limitation, text, graphics, and photos) (collectively, "Content") that we believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice of infringement; and (2) remove and discontinue service to repeat infringers.
If you believe that Content residing on or accessible through the Next 10 service constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information to the Designated Agent listed below:
- Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through the Next 10 service, including the registration number(s) for any such material if applicable;
- Identification of the Content that you claim has infringed on the identified copyrighted work or other intellectual property, including (a) a description of how the material in question is using your copyrighted work or other intellectual property in a way that constitutes infringement, and (b) a description of where the material in question is located on or in the Next 10 service, with sufficient detail that we may verify the existence of the material within the Next 10 service (i.e., the precise URL of the allegedly infringing Content”);
- Your contact information, including your full name, mailing address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted work or other intellectual property is not authorized by the rights holder, its agents, or the law;
- A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and
- Your electronic or physical signature.
Please note that we will provide this information to the user against whom the notice of infringement is directed, so that they may contact you directly if they choose.
B. ONCE A PROPER BONA FIDE NOTICE OF INFRINGEMENT IS RECEIVED BY THE DESIGNATED AGENT:
It is our policy:
- To remove or disable access to the allegedly-infringing Content;
- To notify the user whose Content has been removed or disabled by providing them with a copy of the notice of infringement; and
- That repeat offenders will have the allegedly-infringing Content removed from the Service and that Next 10 will terminate such user's access to the Service.
C. PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the notified-user believes that the Content that was removed or to which access was disabled is not infringing – or if the user believes that he or she has the right to post and use such Content from the rights owner, the owner's agent, or pursuant to the law (including as a fair use) – the notified-user must send a counter-notice containing the following information to the Designated Agent listed below:
- Identification of the Content that has been removed or disabled, including a description of the where the material in question appeared on the Next 10 service before it was removed or disabled (i.e., the precise URL at which the allegedly infringing Content was previously made available”);
- A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked as a result of a mistake or misidentification of the Content in question;
- Your contact information, including full name, mailing address, telephone number, and email address;
- A statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Next 10 is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
- Your electronic or physical signature.
Please note that we will provide this information to the party who submitted the initial notice of infringement, so that they may contact the you directly if they choose.
If a valid counter-notice is received by the Designated Agent, Next 10 will send a copy of the counter-notice to the original complaining party, and inform them that Next 10 may replace the removed Content or cease disabling access to it in 10 business days. Unless the rights owner files an action seeking a court order against the user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney's fees.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:
Benjamin A. Costa
Next 10 c/o Ridder, Costa & Johnstone LLP
12 Geary Street; Suite 701
San Francisco, CA 94108