DMCA Notices

DMCA NOTICES

At platformOS (pOS), we respect the intellectual property rights of others and we expect our users to do the same. If you believe someone has uploaded content to a pOS service that infringes your copyright or your trademark, please let us know by sending us an IP infringement notice.

For copyright notices, your notice must meet all requirements of the Digital Millennium Copyright Act (“DMCA”) (described below). For trademark infringement notices, you must provide us with clear information about the location of the allegedly infringing work, complete information about your trademark, and your contact information (name, physical address, email address and telephone number).

You can send us a DMCA Notice, DMCA Counter Notice or Trademark Notice by emailing support@platformos.com.

When you submit a DMCA or Trademark Notice, we always provide a copy of your notice to the user who uploaded the content you say is infringing.

Things to Consider Before You File a DMCA Notice

First, please make sure your DMCA notice is complete. pOS will only remove content we host in response to DMCA notices that contain all of the following:

  • A clear description of the copyrighted work infringed; The uniform resource locator (URL) where the material you claim is infringing is located on our services, or a description of that location sufficiently detailed for us to find it;
  • A statement that you have a good faith belief that the use of the content identified in your DMCA notice is not authorized by the copyright owner, its agent or the law;
  • Your contact information (such as your name, physical address, email address and telephone number); and
  • A certification, under penalty of perjury, that the DMCA notice is accurate, signed (either electronically or physically) by the copyright owner or the copyright owner’s legal representative.

Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees. If you are unsure whether someone’s use of your copyrighted material amounts to infringement, please contact an attorney. You might also want to consult publicly available reference materials such as those found at the U.S. Copyright Office web site or the Chilling Effects website.

Things to Consider Before You File a DMCA Counter Notice

If you believe we disabled your content on a pOS service as a result of an improper copyright infringement notice, you can file a DMCA Counter Notice by emailing support@platformos.com.

pOS will only take action in response to DMCA Counter Notices that contain all of the following:

  • A clear description of the material we disabled and the location where it was hosted before disabling;
  • A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Santa Clara County, California if you reside outside of the United States) and that you will accept service of process from the person who filed the DMCA notice you are responding to or their agent;
  • Your contact information (such as your name, physical address, email address and telephone number); and
  • A statement made and signed by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.

Before you file your DMCA Counter Notice, please carefully consider whether or not your use of the material at issue is infringing. If you file a DMCA Counter Notice when your use is infringing, you could be liable for costs and attorneys’ fees. If you are unsure whether your use of the content at issue amounts to infringement, please contact an attorney. You might also want to consult publicly available reference materials such as those found at the U.S. Copyright Office web site or the Chilling Effects website.

Users whos content is restored as a result of a counter-notice will not have the original DMCA notice counted as a ‘strike’ against them for repeat infringer purposes.

Thanks for respecting the rights of creative professionals everywhere.