As content creators ourselves, Atavist respects the intellectual property rights of others and we expect our users to do the same. We have adopted the following policy towards copyright infringement, in accordance with the Digital Millenium Copyright Act, the text of which may be found at http://www.copyright.gov/legislation/dmca.pdf.
It is Atavist’s (“Atavist”) policy, in appropriate circumstances and at its discretion, to remove selected content (“Content”) of users of Creatavist (“the Service”) that has been found to infringe the copyright of others. Atavist will respond expeditiously to claims of copyright infringement committed using the Atavist web site (the “Site”) or mobile applications (the “Apps”) that are reported to Atavist’s Designated Copyright Agent, identified below.
If you are a copyright owner, are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright—and you believe that Content residing on the Site or in the Apps infringes a copyright—please send a Notice of Alleged Infringement (“Notice”) according to the guidelines below and deliver it to Atavist’s Designated Copyright Agent. Upon receipt of the Notice, Atavist will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site, Apps, and Service. DMCA Notices of Alleged Infringement should contain the following information:
- Identification of the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identification of the material that you claim is infringing (or to be the subject of infringing activity), and its location, reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found or location in the Apps where such material may be found.
- Your contact information, including mailing address, telephone number, and, if available, email address.
- Inclusion of both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Atavist’s Designated Copyright Agent:
Designated Copyright Agent
60 29th Street #343
San Francisco, CA 94110
What if, as a user of the Service, I receive a Copyright Complaint (DMCA) notification?
If you receive a notification that a Creatavist story, or portion of a story, has been removed due a copyright complaint, it means that the story’s content has been deleted from Creatavist at the request of the content’s owner. If your account receives too many copyright complaints, you may lose the ability to create new stories on Creatavist, and your account may be disabled completely.
If you believe a story or piece of media was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
- Reply to the notification email you receive.
- Include ALL of the following:
- Your name, address, and telephone number.
- DMCA ID printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Atavist may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
- A physical or electronic signature (for example, typing your full name).