Copyright

BranchUp Copyright & IP Infringement Policy

How to file a complaint regarding content published through BranchUp’s Services

Last updated: May 11, 2020

BranchUp respects the intellectual property rights of others and wishes to offer Services that contain no content that violates those rights. Our Terms of Service (published at https://branchup.com/legal/self-serve-terms-of-service/ and https://branchup.com/legal/enterprise-terms-of-service/) (“Terms of Service”) require that information posted by users be accurate, lawful and not in violation of the rights of third parties. BranchUp has adopted this Copyright & IP Infringement Policy to explain to BranchUp users and third parties their rights and responsibilities regarding copyright of the user content uploaded through our Services and the actions that BranchUp will take in response to copyright complaints. 

It is BranchUp’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 or other intellectual property rights of others.

The process outlined in this Policy is designed to be consistent with the process suggested by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov). Remember that your use of BranchUp’s Services is at all times subject to the Terms of Service, which incorporate this Copyright & IP Infringement Policy.  Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service [either the BranchUp Terms of Service, or in the BranchUp Enterprise Terms of Service].

Who can report copyright infringement?

BranchUp wants to ensure that we are doing the right thing when we are asked to remove content from our Services.  Only copyright owners (or owners of other IP, as defined below) can report a suspected infringement to BranchUp. Therefore, you cannot report a suspected infringement if you are not the copyright or IP owner (or an authorized representative). Please be aware that you may be liable for any damages, including costs and attorneys’ fees incurred by BranchUp or our users, if you knowingly materially misrepresent that content published through the Services is infringing your copyright or other IP. When in doubt, you should consult an attorney. If you do conclude that your copyrights or other IP rights 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 believe that materials or content residing on or accessible through the Services infringe your copyright (or the copyright of someone on whose behalf you are authorized to act), please send a notice of copyright infringement (a “Notice”) containing the following information to BranchUp’s designated agent for receipt of Notices (our “Designated Agent,” whose contact details are listed below):

1. Your full legal name and your electronic or physical signature;
2. Information reasonably sufficient to permit BranchUp to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address;     
3. 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;
4. 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 where such content may be found; and
5. 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 BranchUp’s Designated Agent at the following address:

Copyright Agent/Legal Services
c/o BranchUp Technologies Inc.
638 Millbank
Vancouver, BC, V5Z 4B7
Canada
Email

What happens once your Notice is filed?

Once a proper written Notice is received, BranchUp will proceed to:

• Examine the complaint to determine if it has merit;
• If the complaint is found to have merit, remove or disable access to the infringing content; and
• Identify the user responsible for the infringing content and inform them that the infringing content has been removed or disabled.

Please note that a copy of the Notice (including your personal information) may be provided to the user who allegedly provided the infringing content. Please also note that BranchUp acts as a conduit between our users and the various Supported Platforms. In several instances, the content published via BranchUp will not be in BranchUp’s custody or control. If the alleged infringing content falls into that category, BranchUp will inform you in writing, and will encourage you to contact the Supported Platform(s) on which such content has been published. In the case of repeated offenses by a specific BranchUp user, H BranchUp may ban the user from accessing our Services, at BranchUp’s sole discretion.

Procedure to supply a Counter-Notice (restoring removed content)

If your content has been removed by BranchUp, 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 BranchUp a counter-notice (“Counter-Notice”) to the address of the Designated Agent listed above. Your Counter-Notice must contain the following information:

1. Identification 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;
2. A statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
3. Your name, 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 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 BranchUp’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
4. Your physical or electronic signature.

Once a proper Counter-Notice is received, BranchUp may, in our sole discretion, send a copy of the Counter-Notice to the original complaining party informing them that BranchUp may replace the removed content (or restore access to it) 10 business days after our Designated Agent received the Counter-Notice, or any time thereafter. At BranchUp’s discretion, the removed content may be replaced (or access to it restored) 10 business days after receipt of the Counter-Notice, or any time thereafter, unless our Designated Agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.

If you believe that some other IP right of yours (or of someone on whose behalf you are authorized to act) is being infringed by a user, please provide a Notice to BranchUp’s Designated Agent (as specified above) with the following information:

1. Your full legal name and your electronic or physical signature;
2. Information reasonably sufficient to permit BranchUp to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you (or someone on whose behalf you are authorized to act) own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for BranchUp to determine without unreasonable effort that the IP has been infringed;
4. Information reasonably sufficient to permit BranchUp to identify the use being challenged; and
5. Both of the following statements in the body of the Notice:
   “I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.”
   “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”

Upon receipt of the notice as described above, BranchUp will seek to confirm the existence of the IP on our Services, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, we deem appropriate, including temporary or permanent removal of the IP from our Services.   

For any further questions on this Policy, please contact our Designated Agent

Copyright Agent/Legal Services
c/o BranchUp Technologies Inc.
638 Millbank
Vancouver, V5Z 4B5
Canada