Effective Date October 9, 2017
PresenceLearning, Inc. (“PresenceLearning”, “we”, “us” or “our”) respects the copyrights of third-parties, and expects our users to do the same.
This policy is meant to inform you of our policies and procedures regarding the infringement of copyrighted material provided on our websites, platform, systems, or services (collectively, our “Platform”). If you are a PresenceLearning customer or an independent contractor service provider, be advised that this policy is a part of our agreement with you regarding copyrighted content.
We do not permit our customers or independent contractor service providers (collectively, “users”) to upload, store, save, make copies of, distribute, display, perform, or make derivative works of, any copyrighted material, such as images, video, text, or other works of authorship which you do not own, or which you do not have the authority to use, in connection with our Platform. Doing so is a breach of your agreement with PresenceLearning, and we reserve the right to terminate your account or agreement with us for these reasons.
Copyright infringement notifications
If you believe that there is any infringement of your copyrighted materials on our Platform, you may provide us with a notice of copyright infringement. Pursuant to 17 U.S.C. §512(c)(2), all notifications of claimed copyright infringement should be sent to our Designated Agent.
We have provided the following information for the exclusive purpose of notifying us that you believe your copyright(s) are being infringed. Please do not send other inquiries or notices to this contact (including those alleging a violation of trademarks or patent rights), since you will not receive a response to any inquiries or notices that are not related to copyright infringement.
To file a copyright infringement notification with us, you must send us a written notice that includes substantially all of the following requirements. You may consult your own attorney or refer to 17 U.S.C.§512(c)(3) (Section 512(c)(3) of the Digital Millennium Copyright Act) to confirm the following requirements:
Your address, telephone number, and/or email address, so that we may contact you regarding the notification.
A clear and complete identification of the copyrighted work or works claimed to be infringed. If your notice covers multiple copyrighted works, the notice may include only a representative list of the works.
An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials. The identification should include enough specific information, such as a URL or an item listing, so that we can reasonably locate the allegedly infringing material. General information about the material, such as the service being used, will not be sufficient for us to identify the allegedly infringing material or its location.
The statement “I 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.”
The statement “The information in this notice is accurate, and, under penalty of perjury, I am the copyright owner, or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.”
An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner. You may provide your signature by typing your own full legal name (including first and last names; no company names) at the bottom of your notice.
If you are submitting a copyright infringement notice to remove allegedly infringing materials originating from a third-party website which is cached on our Platform, your notice (a) may only be sent after the material has been taken down from the originating website, or where a court has ordered the takedown from that website, and (b) must include a statement confirming that the material has been taken down, or that a court has ordered that the material be taken down from the originating website.
If we determine that your notice is substantially compliant with these requirements, we will act promptly to take down, or disable access to, the allegedly infringing material and provide the subscriber with notice that we have taken down the material.
Legal process & fair use
You are initiating a legal process by sending us a copyright infringement notice. Do not submit false claims. Please consider whether any disputed use constitutes fair use or fair dealing which does not require your authorization for use (or any other exception to copyright) before you submit a copyright infringement notice.
You can learn more about fair use by reading the Digital Media Law Project’s guidelines, Stanford University Library’s fair use website, or by visiting the U.S. Copyright Office’s Fair Use Index. We have provided these resources for your informational purposes only, and they are not a substitute for legal advice from a lawyer. PresenceLearning is not sponsored or endorsed by the owners or operators of these websites.
If you are unsure whether materials on our Platform infringe upon your copyrights, please consult a lawyer before proceeding with any notice to us.
You may be subject to severe legal consequences if you knowingly make a material misrepresentation that material is infringing. These consequences include damages (including court costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations to remove or disable access to the material. Those parties include the alleged infringer, the copyright owner or its licensees, or us.
If you are a Platform user, we may suspend or terminate your account or access to our Platform for submitting false claims of copyright infringement.
Please note that the information you provide in a notice may be forwarded to the person who provided the allegedly infringing material to us, and that we may publish your information in place of disabled content.
If you submitted a notice of copyright infringement by mistake, or would otherwise like to retract your notice, please provide us with the following:
The statement “I hereby retract my copyright infringement notification.”
An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials which you identified in the original copyright infringement notification
Your electronic or physical signature (including first and last names; no company names). If you sent your original notification by email, send your retraction from the same email address, otherwise we may not be able to process your retraction.
If you are a Platform user and your account or any material you uploaded or submitted to any part of the Platform has been affected by a copyright infringement notification, you may reach out directly to the copyright owner for a retraction of the original notice.
When we receive a notice of copyright infringement, we will remove or disable access to the allegedly infringing material and notify the alleged infringer. If any of your material is removed for this reason, and you believe your material is not infringing, or, that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use the material in the manner complained about, you may send a counter-notice to our Designated Agent.
We have provided the following information for the exclusive purposes of notifying us that you dispute a copyright infringement claim. Only parties who have all the necessary rights to post, distribute, or otherwise submit the disputed material, or their authorized agents, may submit a counter-notification, and this should only be done if you believe the material was removed or disabled by mistake or misidentification. Do not submit a counter-notification if this does not apply to you.
To submit a counter-notification to us, you must send us a written notice that includes substantially all of the following requirements. We will not be able to take action on incomplete submissions. You may consult your own attorney or refer to 17 U.S.C.§512(g)(3) (Section 512(g)(3) of the Digital Millennium Copyright Act) to confirm the following requirements::
Identification of the material that has been removed or to which access has been disabled, and the location from where the material appeared before it was removed or access was disabled (e.g. the specific URL for the material formerly on the Platform). General information about the material, such as the service being used or a username, will not be sufficient for us to identify the material or its location.
The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside the United States, the judicial district in which PresenceLearning is located, and will accept service of process from the claimant or claimant’s agent.”
Your name, address, telephone number, and email address, and the username(s) for your account.
A physical or valid electronic signature. You may provide your signature by typing your own full legal name (including first and last names; no company names) at the bottom of your counter-notification.
You may be subject to severe legal consequences if you knowingly materially misrepresent that material was removed or disabled by mistake or misidentification. Those consequences include damages (including costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations. Those parties include the alleged infringer, the copyright owner or its licensees, or us.
Once we receive a counter-notification, we will forward a copy of the counter-notification to the party who submitted the original claim of copyright infringement. When we forward the counter-notification, it will include any personal information you provide. Please keep in mind that the original claimant may use this personal information to file a lawsuit against you to keep the material from being restored on the Platform. By submitting a counter-notification to us, you consent to having your information revealed in this way. We will not forward your counter-notification to any party other than the original claimant.
We can only accept a counter-notification directly from the user from whose account the allegedly infringing content has been removed or has had its access disabled. For our verification purposes, counter-notifications sent by email should be submitted from the same email address associated with the account.
Once a counter-notification is sent by us to the original party who submitted the copyright infringement notice, that party has ten (10) business days to respond with evidence that they have initiated a court action to keep the material from being restored. We are required by law to wait for this period before we may restore the disputed material. If we do not receive this response from the original claimant, we may, in our sole discretion, reinstate the removed material or cease disabling access to it within ten (10) to fourteen (14) business days from the day the we received the counter-notification.
Our designated agent
All notices under this policy, including notices of copyright infringement and counter-notifications, must be sent to our Designated Agent to be effective. You may submit notices by mail, fax, or email to:
Attn: Legal Department
180 Montgomery Street, Suite 1850
San Francisco, CA 94104
Please be advised that we have adopted and enforces a policy of termination in appropriate circumstances of users who are repeat infringers.
Please be advised that under 17 U.S.C. §512(f) any person who knowingly materially misrepresents that material is infringing, or who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages. If you are unsure whether materials on the Platform infringe upon the copyrights of others, please consult a lawyer before proceeding with any notice to us.