Encodde respects the intellectual property of others, and we ask our users to do the same. Under appropriate circumstances, we may warn or suspend users who infringe the copyrights of others, and in more serious cases, such as repeat infringement, we may permanently terminate user accounts.
SUBMITTING COPYRIGHT COMPLAINTS
If you believe that your work is accessible on Encodde in a way that constitutes copyright infringement, or that Encodde contains links or other references to a different online location that contains material that infringes your copyright rights, you may notify us by providing the following information to our designated copyright agent (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512).
Our designated copyright agent is:
You are required to provide the following information to the designated copyright agent:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly infringed);
- Identification of the allegedly infringing material and information reasonably sufficient to permit Encodde to locate the material on our site (please give us a direct link to the allegedly infringing material in addition to a description of it — a link to a profile page is not sufficient for us to identify infringing materials);
- Your contact information, including your name, address, phone number, and email address;
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
- 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 copyright owner.
Encodde’s response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material. If we remove or restrict access to user content in response to a notice of alleged infringement, we will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, including a copy of the takedown notice, along with instructions for filing a counter-notification.
SUBMITTING A COUNTER-NOTICE
If you receive a copyright notification, it means that the content described in the notification has been removed from Encodde or access to the content on Encodde has been restricted. Please take the time to read through our notice to you, which includes information on the notification we received as well as instructions on how to file a counter-notice.
If you believe that the material reported in the copyright notification you received was misidentified or removed in error, you should file a counter-notice.
To submit a counter-notice, you will need to provide us with the following information:
- A physical or electronic signature (typing your full name will suffice);
- Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
- A statement 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;
- 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 Encodde may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
To submit a counter-notice, please respond to our original email notification of the removal and include the required information in the body of your reply.
Upon receipt of a valid counter-notice, we will promptly forward a copy to the person who filed the original notice. If we do not receive notice within 10 business days that the original reporter has filed an action seeking a court order to restrain the account holder from engaging in infringing activity relating to the material at issue, we may restore access to the material that was removed.
Please think carefully before sending us a copyright claim, especially if you are not sure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. Please also consider whether the allegedly infringing material might be authorized by law, such as under the fair use doctrine, 17 U.S.C. § 107. Under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing.
If you are unsure whether the material you are reporting is actually infringing, you may wish to contact an attorney before filing a notification with us.
Encodde welcomes questions, concerns, and feedback about this policy. If you have suggestions for us, feel free to let us know at [email protected] .