Copyright and Trademark Policy
LearnGrove respects the intellectual property rights of others and expects all our Users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), LearnGrove has established this copyright policy. If we receive a valid copyright or trademark claim that meets the requirements established by DCMA and listed below, we will remove that content from our site. If we find a User repeatedly or egregiously in violation of this policy we may close their account and take further action.
If you have any questions about submitting a copyright/trademark claim please contact us at [email protected]. LearnGrove does not provide legal advice or guidance, so if you have questions about copyright, fair use, or similar we encourage you to contact an attorney.
LearnGrove strives to respond to any complete notices of alleged copyright or trademark infringement. We have registered a Designated Agent with the US Copyright Office and you can find their information below.
If you believe your intellectual property rights have been infringed by material found on our website, please submit a notice to our Designated Agent. As required by law, your claim must include substantially the following information:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (iii) 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.
- (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- (v) 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.
- (vi) 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.
Source: U.S. Code, Title 17, Section 512(c)(3).
Under section 512(f) of the DMCA, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney’s fees.
Making sure to include all the necessary information in your claim will help us take action as quickly as possible. The more information you provide and support for your claim (like trademark or copyright registrations) the easier it is for us to address your claim.
After you submit your notice, if it contains all of the information, we will consider the request and take appropriate action in good faith. The more specific your claim as to where your trademarked or copyrighted content appears on our website the better we are able to address your claim.
The User against whom you make a claim has the right to make a Counter-Notice if they believe that you misidentified their content as infringement.
Counter - Notice
If you wish to dispute the removal of your Content based on a Copyright Infringement Notice, you must submit a Counter-Notice to our Designated Agent. Your Counter-Notice must contain substantially all of the following:
- (A) A physical or electronic signature of the subscriber.
- (B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- (C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- (D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Source: U.S. Code, Title 17, Section 512(g)(3)
After filing a Counter-Notice the original notice sender has 10 business days to take court action against the user and inform us. Otherwise your content will automatically be restored.
Designated Agent Information
You may submit Notices or Counter Notices to our Designated Agent by email or mail: Email: [email protected]
Mailing Address: Datagrove Inc ATTN: Copyright Department 12 Laurel Drive Albany NY 12211
This information should only be used to submit formal Notices and Counter-Notices. If you have other questions or concerns, please contact us at [email protected] for assistance.