KICKICO Copyright Notice Policy

Last Updated as of June 24, 2017

A. Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Site”) infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting a written notification to our Copyright Agent at the address or email listed in Part C below. Please note that if you knowingly materially misrepresent that certain material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. 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.

  3. 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 us to locate the material on the Site.

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

  5. 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.

  6. 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.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

B. Counter-Notice by Accused Member 

If we receive a DMCA Notice about your project, we will remove the infringing material or disable access to the project until the dispute is resolved or the DMCA process is complete. We will send you an email forwarding the DMCA Notice and provide you with instructions on how to file a response. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent, at the address or email listed in Part C below. The Counter-Notice must include the following information:

  1. A physical or electronic signature of the accused party.

  2. 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.

  3. A statement made 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.

  4. The subscriber’s name, address, and telephone number, and a statement that the member consents to the jurisdiction of Federal District Court for the judicial district in which such 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 of copyright infringement or an agent of such person.

Remember that even though we process DMCA Notice and the Counter-Notice, we do not adjudicate these disputes. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

C. Agent for Notices

Please send all notices required by this policy to our Copyright Agent at:

Copyright Agent

c/o KICKICO

E-mail address: [email protected]

D. Information for the Backers

If you’ve backed a project that is subject to the DMCA Notice, you will receive an email from us explaining the status of the project and the next steps. Any material that is subject to the DMCA Notice will be removed or we will disable access to the entire project until the dispute is resolved or the DMCA process is complete. If we do not re-post the project within 30 days, we will cancel it, and all money will be refunded. If, on the other hand, the dispute is resolved within 30 days, the project will be restored. In either case, you will be notified by email.

E. Termination of Repeat Infringers

In appropriate circumstances, we will terminate the accounts of users who are repeat copyright infringers.

F. Revision of Policy

We may revise this policy at any time, including by posting a new version at this Site.