Last updated May 2017
UsePencil, Inc. (“Commaful”) respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through the Commaful website (the “Site”) without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). Commaful will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.
If you believe that your work has been copied and made available through the Site in a way that constitutes copyright infringement, you may send a written document to Commaful’s Designated Agent (as set forth below) that contains the following (a “Notice”):
Commaful’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:
1259 EL CAMINO REAL #158
Menlo Park, CA 94025
Phone: 213 545 1659
Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by a Site user is infringing your copyright.
Upon receiving a proper Notice, Commaful will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
If you believe your own copyrighted material has been removed from the Site in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following:
If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 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 misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
Commaful may withdraw all rights and privileges relating to the Site from any user who is deemed to be a repeat infringer. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is either: (i) an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Site; or (ii) Commaful has actual knowledge, regardless of any such adjudication, that the user has engaged in any such copyright infringement.
Each adjudication or instance of knowledge counts as a separate strike. If an adjudication or instance of knowledge pertains to multiple instances of copyright infringement, it can count as multiple strikes. Commaful has adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.