Copyright Policy

DEPICT, INC.

Copyright Policy

Depict, Inc. (“Depict” “we” or “us”) respects third party intellectual property rights and we require our users to do the same. It is our policy, where we deem it to be necessary or advisable, and in our discretion, to modify or remove infringing or potentially infringing content, and to disable and/or terminate the accounts or rights of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), the text of which is available on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Depict will respond promptly to claims of copyright infringement committed using the Site that are reported to us at copyright@depict.com.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by providing us with a DMCA Notice of Alleged Infringement (a “DMCA Notice”), as described below, and delivering it to us in accordance with the preceding paragraph. Upon receipt of any DMCA Notice, we will take whatever action we determine to be appropriate, in our sole discretion, including removal of the allegedly infringing material from the Site.

Any DMCA Notice should provide the following information:

  1. Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this DMCA Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing and that should be removed or access to which should be disabled, and information reasonably sufficient to permit us to locate the material on the Site, including, the URL of the link shown on the Site where such material may be found or a detailed description of how to locate the material.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the DMCA 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.”

  1. Provide your full legal name and your electronic or physical signature.

If you receive a notification that any of your Member Content (as defined in our Terms of Service) has been removed due a copyright complaint, it means that the Member Content reference has been removed from Depict in response to a DMCA Notice at the request of the owner of the content. If we receive multiple DMCA Notices in response to your Member Content, we reserve the right to suspend or terminate your Account and your access to Depict, including our website(s) and any products or services we may offer from time to time.

If you believe any of your Member Content was removed in error, you may (but are not obligated 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 (but will have no obligation to) replace the Member Content that was removed.

Please note that 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.

To file a Counter-Notice, reply to the notification email you received, including all of the following in your reply email:

  1. Your name, address, and telephone number.
  2. The DMCA identification number printed at the bottom of the notification email.
  3. The source address of the content that was removed (copy and paste the link in the notification email).
  4. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
  5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Depict may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person.
  6. Provide your full legal name and your electronic or physical signature.

Should you have any questions regarding our Copyright Policy, or any notices you have received or set in accordance with our Copyright Policy, please contact us at copyright@depict.com.