AdEspresso Copyright Policy
How to file a complaint regarding content published through AdEspresso’s Services
Effective date: September 15, 2023
AdEspresso respects the intellectual property rights of others and wishes to offer Services which contain no content that violates those rights. Our Terms of Service, published at https://adespresso.com/tos/ (“Terms of Service”), require that information posted by users be accurate, lawful and not in violation of the rights of third parties. AdEspresso has adopted this Copyright Policy (“Policy”) to explain to AdEspresso users and third parties their rights and responsibilities regarding copyright of the user content uploaded through our Services and the actions that AdEspresso will take in response to copyright complaints.
It is AdEspresso’s policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
The process outlined in this Policy is designed to be consistent with the process mandated by the Digital Millennium Copyright Act of 1998 (the “DMCA”) (the text of which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf). AdEspresso will respond expeditiously to claims of copyright infringement committed using the AdEspresso websites (together, the “Site”) that are reported to AdEspresso’s Designated Agent (as defined below). Remember that your use of AdEspresso’s Services is at all times subject to the Terms of Service, which incorporate this Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
Who can report copyright infringement?
AdEspresso wants to ensure that we are doing the right thing when we are asked to remove content from our Services. Only copyright owners, or those authorized to act on behalf of copyright owners, can report a suspected infringement to AdEspresso. Therefore, you cannot report a suspected infringement if you are not the copyright owner (or an authorized representative). Please be aware that you may be liable for damages, including costs and attorneys’ fees incurred by AdEspresso, if you knowingly materially misrepresent that content published through the Services is infringing your copyright. When in doubt, you should consult an attorney. If you do conclude that your copyrights are being infringed, you can follow the process outlined in this Policy to report it to us. We also strongly encourage you to contact the user directly.
Procedure for reporting copyright infringement
If you are a copyright owner, are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please send a notice of the copyright infringement allegedly taking place on or through the Site (a “Notice”) containing the following information to AdEspresso’s designated agent for the receipt of Notices (our “Designated Agent”, whose contact details are listed below). Upon receipt of the Notice as described below, AdEspresso will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged materials or content from the Site:
- Your full legal name and your electronic or physical signature;
- Information reasonably sufficient to permit AdEspresso to contact you or your authorized agent, including a full legal name, mailing address, telephone number and, if available, an email address;
- Identification of the copyrighted work that you claim has been infringed or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed;
- Identification of the content that you claim is 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 us to locate the content, including at a minimum, if applicable, the URL of the link on the Site where such content may be found; and
- Both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted content is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Where to send your Notice?
Your Notice with all items completed will need to be delivered to AdEspresso’s Designated Agent at the following address:
Copyright Agent/Legal Services
c/o AdEspresso LLC
111 East 5th Avenue
Vancouver, BC, V5T 4L1
What happens once your Notice is filed?
Once a proper written Notice is received, AdEspresso will proceed to:
- Evaluate the Notice to determine if it complies with the requirements of the DMCA;
- If the Notice is found to be substantially compliant with the DMCA, remove or disable access to the allegedly infringing content or the reference or link to the material; and
- Identify the user responsible for the allegedly infringing content and inform them that the allegedly infringing content has been removed or access to it disabled.
Please note that a copy of the Notice (including your personal information) may be provided to the user who provided the allegedly infringing content. Please also note that AdEspresso acts as a conduit between our users and the various Advertising Platforms. In several instances, the content published via AdEspresso will not be in AdEspresso’s custody or control. If the allegedly infringing content falls into that category, AdEspresso will inform you in writing, and will encourage you to contact the Advertising Platform(s) on which such content has been published. In the case of AdEspresso users who may repeatedly infringe the copyrights of AdEspresso or others, AdEspresso may terminate the accounts of such users and/or ban such users from accessing our Services, at AdEspresso’s sole discretion.
Procedure to supply a Counter-Notice (restoring removed content)
If your content has been removed by AdEspresso, and you believe that the content that was removed (or to which access was disabled) is not infringing, or you believe that you have the authorization to post and use such content from the copyright owner, or the copyright owner’s agent, or pursuant to the law, you may send AdEspresso a counter-notice (“Counter-Notice”), pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA, to the address of the Designated Agent listed above. Your Counter-Notice must contain the following information:
- Identification of the content, or reference or link to the material, that has been removed or to which access has been disabled and information reasonably sufficient to permit AdEspresso to locate the material, including, if applicable, the location of the link at which the content appeared before it was removed or disabled;
- A statement (under penalty of perjury) that you have a good faith belief that the content or reference or link to the material was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled;
- Your full legal name, mailing address, telephone number, and, if available, email address, and a statement that you (or the person you represent) consent to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district of AdEspresso’s choosing, and that you (or the person you represent) will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
Once a proper Counter-Notice is received, AdEspresso may send a copy of the Counter-Notice, including your contact information, to the original complaining party. If we provide your Counter-Notice to the complaining party and we do not receive notice that the complaining party has filed an action seeking a court order to restrain the infringing activity, AdEspresso may replace or cease disabling access to the removed content or link. This process can take up to 14 business days after receipt of the Counter-Notice.