Intellectual Property Infringement Policy
Last Updated: July 17, 2019
We respect the intellectual property rights of others, and we ask that those who use our service do the same. We have adopted the following policy regarding alleged intellectual property infringement by third parties on our platform.
It is our policy to block access to or remove material that we believe in good faith to be infringing a valid trademark or copyrighted work. We also disable and/or terminate the accounts of those users who we believe in good faith to be repeat infringers.
Notice of Infringing Material
We respond to notices of alleged infringement that comply with the DMCA and other applicable laws. In accordance with the DMCA, we have assigned a Designated Agent to handle copyright infringement claims. Our Designated Agent’s contact information is:
Attn: MomsRising DMCA Designed Agent
12011 Bel-Red Road
Bellevue, WA 98005
Fax: (425) 454-7680
If you believe that your copyright or trademark has been used in a way that constitutes infringement, please send a notice of infringement to our Designated Agent. Infringement notices must contain the following information:
- Identification of the copyrighted work or other intellectual property that you claim has been infringed, including the registration number(s) for any such material if applicable;
- Identification of the content that you claim has infringed on the identified copyrighted work or other intellectual property, including (a) a description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement, and (b) a description of where the material in question is located on the MomsRising service, with sufficient detail that we may verify the existence of the material (please provide a URL if available);
- Your contact information, including your full name, mailing address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted work or other intellectual property is not authorized by the copyright/IP holder, its agents, or the law;
- A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and
- An electronic or physical signature of the person authorized to act on behalf of the rights holder.
Review of Notices
Once received, we will review your notice. If your notice contains all of the above, and if we believe in good faith that the material in question is being used in a way that constitutes infringement, then we will promptly remove or disable access to the infringing material. We provide copies of infringement notices to users whose content has been removed or disabled, and reserve the right to publish or share all notices received, in our sole discretion.
Users whose content was removed or disabled due to an infringement notice, who believe the affected content was non-infringing, may send a counter-notice to the Designated Agent containing the following information:
- Identification of the content that has been removed or disabled, including a description of the where the material in question appeared on the Momsrising service before it was removed or disabled (please provide a URL if available);
- A statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or blocked as a result of a mistake or misidentification of the content in question;
- Your contact information, including full name, mailing address, telephone number, and email address;
- A statement by you that you consent to the jurisdiction of the federal court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which MomsRising is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
- Your electronic or physical signature.
If a counter-notice is received by the Designated Agent, Momsrising may send a copy of the counter-notice to the complaining party informing that party that we will replace the removed content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the member, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please note that submissions by email will generally receive the most prompt review.