Active Network, LLC (“Active”) takes the intellectual property rights of others seriously and requires that our clients do the same. In accordance with applicable law, including the Digital Millennium Copyright Act of 1998 (“DMCA”), Active will respond expeditiously to claims of copyright infringement committed using Active’s services and/or any Active website (the “Services”) if such claims are reported to Active's Designated Copyright Agent identified below. Active may update this policy from time to time.
Notice of Alleged Infringement (“Notice”)
If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through the Services (“Notice”), please send the following information to firstname.lastname@example.org. Alternatively, you may mail the Notice to:
Active Network, LLC
5850 Granite Pkwy Suite 1200
Plano, TX 75024
Your Notice must include:
Active may take any action it deems appropriate or required by law following receipt of a Notice, including removal of or restriction of access to the relevant material.
Counter Notice Requirements
If you believe in good faith that a Notice was wrongfully submitted concerning material that you uploaded to the Services, then you may submit a counter-notice to email@example.com, in which case Active will provide your counter-notice to the party that filed the original Notice. If the party that submitted the Notice does not file a lawsuit against you and notify Active within ten (10) to fourteen (14) business days following Active’s receipt of your counter-notice, then Active will replace your content.
For purposes of the DMCA, the counter-notice is a legal document that must comply with the requirements of the DMCA by including the following:
Active Policy Regarding Repeat Infringers
Active reserves the right to terminate the access and/or use privileges of any person who has been determined to be a ‘repeat infringer’ of the copyrights of Active or others. Active reserves the right to define the criteria by which Active will determine that a person is a ‘repeat infringer.’ In the event that ‘repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, Active will adopt that definition as a minimum standard. Without limiting Active’s right to define ‘repeat infringer,’ as a general rule, Active will define a ‘repeat infringer’ as any person or entity about whom Active has received two or more Notices. Active will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.
REGARDLESS OF WHETHER ACTIVE TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, ACTIVE IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL ACTIVE INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF THE SERVICES.
Trademark Removal Requests
If you believe in good faith that material on the Services infringes your trademark, you may provide the following information to firstname.lastname@example.org to request removal:
Active may take any action it deems appropriate or required by law following receipt of a trademark removal request, including removal of or restriction of access to the relevant material.