LAST MODIFIED NOVEMBER 1, 2022
Copyright and intellectual property.
Pachama, Inc. (“Pachama”, “our”, “we” or “us”) respects the intellectual property rights of others. If you believe your work has been copied or used in a way that constitutes copyright infringement, are aware of any infringing material available via any of our service offerings, or believe any material infringes any other intellectual property right (including, without limitation, trademark rights and rights to publicity and privacy), please contact our designated copyright agent at the address listed below and provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) (a “DMCA Notice”):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- identification of the copyrighted work(s) that you claim to have been infringed;
- a description of where the material that you claim is infringing is located on Pachama’s site or services;
- your address, telephone number, and email address;
- a written 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;
- 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.
The designated copyright agent for Pachama is:
2261 Market St #4303
San Francisco, CA 94114
If you submit a DMCA Notice hereunder, you shall be deemed a “Complaining Party” for purposes of this Agreement. Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Moreover, this procedure is exclusively for notifying Pachama that your intellectual property rights have been infringed.
Upon receipt of a written DMCA Notice containing the information as outlined above, Pachama will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written DMCA Notice to the alleged infringer (“Alleged Infringer”);
- Take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Pursuant to 17 U.S.C. § 512 et. al, an Alleged Infringer may provide Pachama’s designated copyright agent with a counter notice objecting to the Complaining Party’s allegations and Pachama’s removal of the alleged infringing material (a “Counter DMCA Notice”). To be effective, a Counter DMCA Notice must be a written communication provided to Pachama’s designated copyright agent that includes substantially the following:
- A physical or electronic signature of the Alleged Infringer;
- 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;
- A statement under penalty of perjury that the Alleged Infringer 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;
- The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which the Alleged Infringer may be found, and that the Alleged Infringer will accept service of process from the person who provided the DMCA Notice or an agent of such person.
Upon receipt of a Counter DMCA Notice containing the information as outlined in 1 through 4 above, Pachama will:
- Promptly provide the Complaining Party with a copy of the Counter DMCA Notice;
- Inform the Complaining Party that Pachama will replace the removed material or cease disabling access to it within ten (10) business days;
- Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter DMCA Notice, provided Pachama’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Pachama’s network or system.