A. GOORU’S COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
Gooru, Inc., hereinafter referred to as GOORU (“GOORU ”) respects the intellectual property rights of others and expects the Users of the Website to do the same. Gooru is compliant with and abides by the federal Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
B. GOORU’S RIGHT IN RELATION TO INFRINGING MATERIAL
As part of Gooru’s commitment to ensure that all User Content hosted on the Website is non-infringing, Gooru reserves a right, in appropriate circumstances and at its sole discretion, to remove or disable access to any material residing on the Website, including any User Content, that is claimed to be infringing. Gooru reserves the right to disable and/or terminate the accounts of Users who repeatedly infringe upon or are repeatedly charged with infringing the copyrights or other intellectual property rights of others or alternatively, reaching out to the Users in a good-faith attempt to contact such User who submitted the allegedly infringing User Content, so that such User may make a counter notification, in accordance with the DMCA.
Gooru does not control content hosted on any third party websites as may be hosted as Hyperlinks on the Website and cannot remove such content from sites or platforms that it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website or platform directly to have the content removed.
Notwithstanding the foregoing, User Accounts that accrue three Qualifying Infringements will be subject to termination. A “Qualifying Infringement” is defined as (i) receipt of a valid infringement notice that results in the removal of the User Content or reference or link to User Content from the Website where no valid counter notice is received or (ii) removal of a User Content or reference or link to User Content from the Website, in the absence of a “take-down” notice, because we obtain actual knowledge that the User Content is infringing or we become aware of facts or circumstances from which the infringing nature of the User Content is apparent.
C. COMMITMENT OF GOORU TO DMCA
In accordance with the DMCA, Gooru will respond expeditiously to claims of copyright infringement committed using the Gooru Website that are reported to Gooru’s Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Gooru’s Designated Copyright Agent as set out under the Notice. Upon receipt of the Notice as described below, Gooru will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material or User Content from the Website.
D. DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
- Identify 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.
- Identify the material or User 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 material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
a) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
b) “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.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Gooru’s Designated Copyright Agent.
E. NOTIFICATION OF OTHER INTELLECTUAL PROPERTY (“IP”) INFRINGEMENT
If you believe that some other IP right of yours is being infringed by a User by way of any User Content, please provide Gooru’s Designated Copyright Agent (specified above) with the following information:
- Your full legal name and your electronic or physical signature.
- Information reasonably sufficient to permit Gooru to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
- 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 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 Gooru to determine without unreasonable effort that the IP has been infringed.
- Information reasonably sufficient to permit Gooru to identify the use being challenged.
- Include both of the following statements in the body of the Notice:
a) “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 .”
b) “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.”
F. NEXT STEPS
Upon receipt of notice as described above, Gooru will seek to confirm the existence of the IP on the Website, notify the User who posted the User Content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Website.
G. COUNTER-NOTICE BY USER
If material, including User Content that you (“User”/ “You”) have posted to the Website has been taken down in furtherance of such Notice, you may file a counter-notification (“Counter- Notice”) that contains the following details:
- Identification of the material or User Content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- Include both of the following statements in the body of the Counter-Notice:
a) “I hereby state that I have the authorization to use the challenged material, and I have a good faith belief that the use by me of the challenged material is authorized by law .”
b) “I hereby state under penalty of perjury that all of the information in the Notice is inaccurate and that I am the owner of the IP or am authorized to act on behalf of the owner of the IP. I further state that I have a good-faith belief that the challenged material was removed or requested as a result of mistake or misidentification.”
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of federal and state courts of San Mateo County, California and that you will accept service of process from the person who submitted a Notice as generally described above;
- Your physical or electronic signature.
H. DESIGNATED COPYRIGHT AGENT
All Notices and Counter-Notices shall be sent to the following:
Sobrato Center for Nonprofits
350, Twin Dolphin Drive, Ste 115
Redwood City, CA 94065