Lynkos, Inc. ("Lynkos") has adopted the following general policy regarding copyright and intellectual property infringement pursuant to general U.S. intellectual property laws and the Digital Millennium Copyright Act. Lynkos shall also respond to notices of this form from jurisdictions other than the U.S.
Lynkos may act promptly to respond to a proper notice by (1) removing or disabling access to any material claimed to be infringing activity; and (2) removing and discontinuing service to reoffenders. In case Lynkos removes or disables access in response to such a notice, Lynkos shall attempt in good faith to contact the allegedly infringing party ("Member") so that they may file a counter notification.
A. Reporting of Copyright or Intellectual Property Infringements
If you falsely state that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether a material infringes your intellectual property rights, please, contact an attorney prior to contacting Lynkos.
If you consider that any material published on or accessible through the Lynkos website or service infringes copyright or other intellectual property right, and you wish to notify Lynkos of such infringement, you may send a notice of infringement to the Appointed Agent listed below (preferably via email to firstname.lastname@example.org). You should specify the type of infringement and the notice must include the following information:
- The signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed (signatures may be provided electronically by typing your name)
- Precise identification of the material being infringed (for the case of patent infringement, please provide the patent’s number)
- Identification of the material on Lynkos that is claimed to infringe the intellectual property. Please, include information on the location of the infringing material with sufficient detail in order for Lynkos to be able of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing)
- Notifying party’s contact information, including the name of the intellectual property owner, the name and title of the person contacting Lynkos on behalf of the owner, an address, telephone number and email address
- A statement that the notifying party believes in good faith that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to file the complaint on behalf of the owner of the intellectual property or copyright.
When removing material from the site, Lynkos will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material
Upon receiving a Proper Bona Fide Infringement Notification, Lynkos may remove or disable access to the material infringing the intellectual property. Should Lynkos remove or disable access to any contents in response to an infringement notice, Lynkos will make reasonable attempts to notify the Member that it has removed or disabled access to the material. Repeat offenders will have all material removed from the system and Lynkos will terminate such Members’ access to the service.
C. Procedure to Supply a Copyright Counter-Notice
If you falsely state that a product or an activity is not infringing the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes the intellectual property, please contact an attorney before contacting Lynkos.
If a Member considers that the material removed or to which access was disabled does not infringe copyright, you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please, do not re-list or reactivate the material yourself.
The counter-notice must contain the following information
- Your signature (signatures may be provided electronically by typing your name)
- Identification of the material that was removed or to which access was disabled and the location of the material before it was removed or disabled
- A statement, under penalty of perjury, that you believe in good faith that the material was removed or disabled due to a mistake or misidentification;
- Your name, address, telephone number and e-mail address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district corresponding to the Member’s address or, if your address is located outside the United States, for any judicial district in which Lynkos is located, and that you will accept service of process from the person who provided the notification pursuant to subsection (c)(1)(C) or such person’s agent.
If a counter-notice is received by the Appointed Agent, Lynkos may send a copy of the counter-notice to the original complaining party informing said person that Lynkos may replace the removed material or re-enable access thereto within 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it re-enabled within 10 to 14 business days after the counter-notice was received, at Lynkos’ sole discretion.
Please, contact Lynkos to submit Notifications of Claimed Infringement and Copyright Counter-
Notices by email: email@example.com