12. Digital Millennium Copyright Act
12.1 General Policy
Thinkific has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Thinkific’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.
12.2 Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the Thinkific web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Thinkific is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
12.3 Once Proper Bona Fide Infringement Notification is Received by Thinkific’s Support Team
It is Thinkific’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Thinkific. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.
12.4 Procedure to Supply a Counter-Notice to Thinkific
If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Thinkific’s Support Team listed below:
- A physical or electronic signature of the Content provider or user;
- Identification of the Content that is claimed to be infringing
- A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
- Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which Thinkific is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Thinkific’s Support Team, Thinkific will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.
12.5 Designated Agent to Receive Notification of Claimed Infringement
Please contact Thinkific’s Support Team to Receive Notification of Claimed Infringement at the following address:
Name – Thinkific.com, Attn: Copyright Infringement
Email – email@example.com
Address – 400-369 Terminal Avenue, Vancouver, BC V6A 4C4, Canada
Telephone – 1-888-832-2409