Dated: April 19, 2021
ArborXR Digital Millennium Copyright Act Policy
The Digital Millennium Copyright Act (“DMCA”) is a copyright regulation from the United States that helps protect against infringement of copyrighted works. This DMCA Policy outlines the notice and takedown procedures that ArborXR follows when we are notified of possible infringement claims under the DMCA. As a user of ArborXR Services, you are responsible for compliance with all applicable laws, rules and regulations related to your use, including respecting the intellectual property and third-party rights of others. If you believe your intellectual property rights may have been violated under the DMCA, please follow the steps provided below. ArborXR, in appropriate circumstances and in our sole discretion, may suspend or terminate the access to Services by any user who violates the DMCA.
Notice. If you are a copyright owner, or an agent of a copyright owner, and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing Our Copyright Agent at [email protected] with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 a single online site are covered by a single notification, a representative list of such works at that 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you 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
- 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.
You may direct copyright infringement notifications to ArborXR’s DMCA Agent at: [email protected]. For clarity, only DMCA notices should go to the DMCA Agent and not any other feedback, comments, requests for technical support, or other communications. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our DMCA Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our DMCA Agent, ArborXR may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the party that provided the content or the user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at ArborXR’s sole discretion.