Effective as of March 1, 2015
At RoleStar, we respect the intellectual property rights of others and we ask that our Service members do the same. We prohibit members of our Service from uploading, posting, or otherwise transmitting materials that violate another party’s intellectual property rights through any application or website that we offer. When we receive a valid Notice of Intellectual Property Infringement (a “Notice”), as described below, we act promptly to remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers, in accordance with the Digital Millennium Copyright Act (“DMCA”).
Notice of Infringing Material
We respond to Notices that comply with the DMCA, and with other applicable laws and industry standards. If you believe that your own intellectual property is being used on or through our Service in a manner that constitutes infringement, you may provide our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. § 512(c)(3), that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or other intellectual property that you claim has been infringed. For example, “My copyrighted work is ___.”
- Identify the URL, or other specific location on our application or website, that contains the material that you claim infringes your copyrighted work or other intellectual property, as described in Item 1 above. You must provide us with reasonably sufficient information to allow us to locate the alleged infringing material. For example, “The content at the following URL infringes on my intellectual property rights: http://www.example.com/example.”
- Include a statement that the information contained in your Notice is accurate and that you attest, under the penalty of perjury, that you are the intellectual property rights owner or that you are authorized to act on the owner’s behalf.
- Provide the electronic or physical signature of the owner of the copyrighted work or other intellectual property, or of a person authorized to act on the owner’s behalf.
- Include a statement that you have a good faith belief that the disputed use of the copyrighted work or other intellectual property is not authorized by the rights owner, its agent, or the law.
- Include your name, mailing address, telephone number, and email address.
In addition to the above items, it would be helpful to include any other information you may have that would allow us to verify with certainty the status of the intellectual property you claim has been infringed. For example, please provide us with the copyright registration number for the work you claim has been infringed, if one exists.
You may submit your Notice to our Designated Agent by fax, mail, or email, as set forth below:
Ridder, Costa & Johnstone LLP
Attn: RoleStar DMCA Designed Agent
12 Geary Street
San Francisco, CA 94108
Tel: (415) 391-3311
Fax: (415) 358-4975
Electronic/email submissions are preferred.
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on our website and/or application infringes your intellectual property rights.
Review of Notices
Upon receiving a proper Notice, as described above, we will expeditiously consider the request and (if appropriate) will remove or disable access to the allegedly infringing material, promptly notify the alleged infringer of the claim, and provide the alleged infringer with a copy of the Notice. We will also advise the alleged infringer of the DMCA statutory Counter Notification procedure, described below, by which the alleged infringer may respond to the Notice and request that we restore the material that was the subject of the Notice.
If we receive a Notice that does not contain all of the information described above, but provides a way for us to contact you and contains the statement that you are the owner of the copyrighted work or other intellectual property in question, or that you are a person authorized to act on the owner’s behalf, we will follow up with you to request that you provide any information not previously provided.
If you believe your material has been removed from our Service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. §§ 512(g)(2) and (3) of the DMCA. To be an effective, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or, if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the original Notice, or that party’s agent.
- Your name, mailing address, telephone number, and email address
- A statement made under the penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification.
- Your physical or electronic signature.
Any Counter Notification you submit will be forwarded to the party filing the original Notice. If you send us a valid, written Counter Notification that meets the requirements described above, we may restore your removed or disabled material after ten (10) business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice, informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that content was disabled or removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.
Repeat Infringer Policy
In accordance with the DMCA, and other applicable laws and industry standards, we will terminate access to our Service by members who repeatedly infringe the intellectual property rights of third parties. We may also, at our sole discretion, limit access to our Service, and/or terminate the membership of any member of our Service, who infringes the intellectual property rights of others, whether or not repeat infringement occurs.