Kocomojo, LLC (“Company” or “we” or “us”) respects the intellectual property rights of others and provides this Copyright Policy to describe Company’s policy of prohibiting users from uploading, posting or otherwise transmitting on or to the www.kocomojo.com website (“Site”), website-related services (accessible through various desktop and mobile web browsers, locally installed desktop or mobile web applications and various SDK and API services that we may offer from time to time (collectively, the “Products”)) and the Kocomojo mobile application and any version thereof or updates thereto (“App”) (collectively, the “Service”) any information or materials that violate another party’s intellectual property rights. This Copyright Policy is part of our Terms and Conditions of Use (the “Terms”) and License Agreement for developers and brand customers (the “License Agreement”). Please click here to see the Terms and here to see the License Agreement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA’s requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office’s web page at www.copyright.gov for details of the current DMCA requirements.
If you, as a user of the Service (“You”), believe in good faith that materials hosted by Company infringe Your copyright (for example, materials posted by Company within the web application or on one of the forums within the Site or the App), You (or Your agent) may send us a written notification pursuant to the DMCA (a “DMCA Notification”), by providing our “DMCA Agent” (as set forth below) with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
1. Identification in sufficient detail of the copyrighted work that You claim has been infringed. If multiple copyrighted works on the Service are covered by a single notification, You may provide a representative list of such works on the Service, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
2. Identification of the URL or other specific location on the Service that contains the material that You claim to be infringing Your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with Your request to remove or deny access to it/them;
3. Your name, address, telephone number and email address (if available);
4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that You swear under penalty of perjury that the information contained in Your notification is accurate and that You are the copyright owner or that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if You fail to comply with all of the requirements of this Section A, Your DMCA Notification will not be valid.
You must submit any DMCA Notification alleging copyright infringement to Company’s DMCA Agent by fax, mail, or email as set forth below:
5310 Paylor Lane
Sarasota, FL 34240
Phone: (941) 893-5019
Email: email@example.com with the subject line “Copyright Policy – DMCA Notification”
This contact information is for DMCA Notifications and “Counter-Notifications” (as defined below) ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.Please note that You may be liable for damages, including court costs and attorneys’ fees, if You materially misrepresent that materials on Company’s Service are infringing a copyright.
If You believe in good faith that Your own copyrighted material or copyrighted material for which You have authorization from the copyright owner has been removed from Company’s Service as a result of mistake or misidentification, You may submit a written counter-notification letter (“Counter-Notification”) to Company’s DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective Counter-Notification under the DMCA, Your written correspondence must include substantially the following:
1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
2. A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or in Florida if Your address is outside the United States;
3. A statement that You will accept service of process from the party that filed the DMCA Notification of alleging copyright infringement or such party’s agent;
4. Your name, address and telephone number;
5. A statement that You swear under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Service location and will no longer be shown or accessible;
6. Your physical or electronic signature;
You acknowledge that if You fail to comply with all of the requirements of this Section B, Your Counter-Notification will not be valid.
You may submit Your Counter-Notification to Company’s DMCA Agent by fax, mail, or email as set forth below:
5310 Paylor Lane
Sarasota, FL 34240
Phone: (941) 893-5019
Email: firstname.lastname@example.org with the subject line “Copyright Policy – DMCA Counter-Notification”
This contact information is for DMCA Notifications and Counter-Notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
If a Counter-Notification is received by Company’s DMCA Agent, we may send a copy of the Counter-Notification to the original complaining party informing that person that Company may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Company or the user within ten (10) days, the removed content may be replaced or access to it restored by Company.
Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, You may be liable for damages, including costs and attorneys’ fees.
Please be aware that it is Company’s policy to terminate the user accounts of repeat infringers. If You believe that a user is a repeat infringer, please follow the requirements above, but also include information or evidence that will establish proof to Company that the user is a repeat infringer.
If You provide false information to Company regarding any of the above DMCA Notifications, Counter-Notifications or repeat infringer notifications, Company, may immediately terminate Your user account.