Reporting Claims of Copyright Infringement

VerticalScope Inc., its subsidiaries and corporate affiliates (collectively, "our," "us" or "we) operate websites ("Websites") and provide products and services through mobile and other applications that are governed, as applicable, by our terms of use (our "TOU"). Certain terms used in this document have the meanings set forth in our TOU. This copyright policy (this "Policy") applies to our sites and services and are incorporated into our TOU. If there is any conflict between this Policy and our TOU, this Policy will control. By using our sites and services, you are a "user" and you accept and agree to our TOU and this Policy as a legal contract between you and us.

In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which can be found on the U.S. Copyright Office website at: https://www.copyright.gov/legislation/dmca.pdf, we will respond to notices of alleged copyright infringement that comply with applicable law, are committed using our sites and services and are properly reported to our Copyright Agent identified below.

A DMCA request can be sent to us via the contact information below:

VerticalScope Inc.
111 Peter Street, Suite 600
Toronto, Ontario, M5V 2H1, Canada
Attention: Copyright Agent
416-341-8950
Email: dmca@proboards.com

In accordance with the DMCA, the written notice (the "DMCA Notice") must include the following:

  • 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 you believe to have been infringed or, if the claim involves multiple works on a Website, a representative list of such works.
  • The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material.
  • Your name, address, telephone number and email address.
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice 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.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on a Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. You may want to consult an attorney before taking any action pursuant to the DMCA.

Your Right to File a Counter-notice (for users)

If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
  3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on our Website before that period passes, we will consider restoring your user content to the site.

Repeat Infringers

It is our policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

Disclosures

We may disclose any communications concerning DMCA Notices or other complaints of rights violations with third parties, including the affected users, the rights holders, and third party databases that collect information on DMCA Notices.