Last modified: June 30, 2014
Here at Duda Mobile, Inc. (“Duda, we, our, or us”), we highly value the work that everyone does and the time and energy it takes to accomplish something great. We therefore respect the intellectual property of others and we ask that users of our message boards, blog and communities do the same.
The DMCA & Notices of Alleged Infringement
As you may or may not know, the Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
If you believe that your copyrighted work has been copied without your authorization, is available on www.dudamobile.com and may constitute copyright infringement, you can provide notice of your claim to our Designated Copyright Agent listed below.
Effective DMCA Notice
Pursuant to Title 17, U.S. Code, Section 512(c)(2), for your notice to be effective, it must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of all such works;
- Information reasonably sufficient to permit Duda Mobile to contact the complaining party, such as address, telephone number, and, if available, an electronic mail (e-mail) address at which the complaining party can be contacted;
- Identification of the material that is claimed to be 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 the service provider to locate the material. Please provide us with at minimum a URL to each work that is claimed to be infringing. A screenshot and any additional information would be helpful as well;
- A statement that the Complaining Party has 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; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that the notification sent to us will be forwarded to the user who provided the allegedly infringing content.
If users submitting or downloading materials believe that their use of materials was lawful, and that the content is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content on the Forums, you may send to the Copyright Agent a Proper Counter-notification in order to restore access to these materials.
- Your electronic or physical signature;
- Identification of the content that has been removed (or to which access was disabled) and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number and e-mail address,
- A statement that you consent to the jurisdiction of the U.S. Federal courts located in San Francisco County, California; and
- A statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Duda may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice. Replacement or restoration of access to the content shall be in Duda Mobile’ sole discretion.
Duda will comply with the appropriate provisions of the DMCA in the event our Designated Agent receives a counter-notification.
Designated Copyright Agent
Duda’s Copyright Agent, for notice of claims of infringement and counter-notices, can be reached as follows:
Name of Designated Agent: Itai Sadan
Full Address of Designated Agent: 577 College Ave, Palo Alto, CA 94306
Telephone Number of Designated Agent: (415) 690-3044
Email Address of Designated Agent: email@example.com