Notices and Procedure for Making Claims of Copyright Infringement
A. Generally
This Copyright Policy applies to the web site located at www.mulu.me (“Mulu”). You may wish to solicit professional legal advice in connection with any claim or concerns you have involving the Site and relating the copyright laws.
The Site permits users to import and use content from across the Internet, as well as content they have created, in order to enjoy the benefits of the Site. The Site links such content back to their original Internet source(s) – e.g., website operated by sellers – so as to facilitate transactions there.
We respect the copyright laws and we expect the users of the Mulu Site do the same. We expressly prohibit the use of the web Site for purposes that are contrary to the copyright laws, and we will respond promptly if a content owner asks us to disable copyrighted material from being displayed and/or otherwise used on or via the Site. In addition, we may disable an individual user account if we determine, in our sole, exclusive, and complete discretion that such account is involved in activity that violates the copyright laws.
B. How Can I Ask Mulu to Remove My Copyrighted Content from the Site?
If you believe that your work has been used in a way that constitutes copyright infringement, you should provide our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the following information in writing:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed, including details sufficient to allow us to meaningfully evaluate your claim;
(3) A description of where on the Site(s) the content that you claim to be infringing is located, including at the very least the specific URL(s) at which we can find that content;
(4) Your full name, address, telephone number, and e-mail address, so that we can communicate with you about your claim;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (e.g., “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”).
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (e.g., “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).
You can reach our Agents by sending an e-mail to [email protected]. If you prefer, you can send your copyright complaint by fax at (202) 857-6395 or send it in hard copy to the following address:
Copyright Complaints
Mulu
c/o Arent Fox LLP
1050 Connecticut Avenue, NW
Washington, D.C. 20036
Attn: Alec P. Rosenberg; Sarah L. Bruno, Esq.
Upon receipt of a proper notification as described above, we will take
whatever actions we believe are appropriate in the circumstances and consistent with the law, and we
reserve sole, exclusive, and complete discretion over all decisions in
that regard. Our decisions and actions in any particular such
circumstances do not bind us in connection with any new or different
circumstances.
Please also note that, under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
C. How Can I Challenge the Removal of Copyrighted Content from the Site?
The process for challenging our removal of copyrighted content from the Site (so-called “counter-notifications”) is governed by Section 512(g) of the U.S. Copyright Act. If you wish to file a counter notification, you should send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the following information in writing:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim we have improperly deleted or removed, including as applicable the specific URL(s) to which you claim we have improperly disabled access;
(3) Your full name, address, telephone number, e-mail address, and Mulu user account(s)name(s) so that we can communicate with you about your claim;
(4) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the notification leading to your claim or an agent of that person.
(5) A statement by you, made under penalty of perjury, that you have a good faith belief that we disabled the content mistakenly (e.g., “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”).
You can reach our Agents by sending an e-mail to [email protected]. If you prefer, you can you’re your copyright complaint by fax at (202) 857-6395 or send it in hard copy to the following address:
Copyright Complaints
Mulu
c/o Arent Fox LLP
1050 Connecticut Avenue, NW
Washington, D.C. 20036
Attn: Alec P. Rosenberg; Sarah L. Bruno, Esq.
After we receive your counter-notification, we will forward it to the person who submitted the original claim of copyright infringement. Please note that when we forward your counter-notification, it will include your personal information. By submitting a counter-notification, you consent to having your information revealed in that way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to use of the content in dispute on the Site. If we receive such notification, we will be unable to restore or restore access to the content in dispute. If we do not receive such notification, we may restore or restore access to the content.
Upon receipt of a proper counter- notification as described above, we will take whatever actions we believe are appropriate in the circumstances and consistent with the law, and we reserve sole, exclusive, and complete discretion over all decisions in that regard. Our decisions and actions in any particular such circumstances do not bind us in connection with any new or different circumstances
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
For more information about the content made available via the Mulu Site, please visit our Terms of Use and User Agreement.
D. Repeat Offender Policy
We have adopted and implemented a “repeat offender” policy in compliance with our obligations under the U.S. copyright laws. Pursuant to that policy, we reserve the right in appropriate circumstances, with respect to which we have sole, exclusive, and complete discretion, to terminate the account(s) and Site page(s) of any user of the Site(s) who has engaged in repeated acts of copyright infringement.