Copyright

Social Delta Copyright & IP Infringement Policy
How to file a complaint regarding content published through Social Delta’s Services

Effective date: August 4, 2015

INTRODUCTION

Social Delta, LLC (“Social Delta”) respects the intellectual property rights of others and wishes to offer services that contain no content that violates those rights. Our Terms of Service (published at /legal/terms/) (“Terms of Service”) require that information posted by users be accurate, lawful and not in violation of the rights of third parties. Social Delta has adopted this Copyright & IP Infringement Policy (this “Policy”) to explain to Social Delta users and third parties their rights and responsibilities regarding copyright of the user content uploaded through Social Delta’s website, currently located at www.socialdelta.com (and any successor or additional website(s) owned or operated by or for social delta or its affiliates) (the “Service”) and the actions that social delta will take in response to copyright complaints.

It is Social Delta’s policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

The process outlined in this Policy is designed to be consistent with the process suggested by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov). Remember that your use of Social Delta’s Services is at all times subject to the Terms of Service, which incorporate this Copyright & IP Infringement Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

Who can report copyright infringement?

The legal title holder or legal representative of the title holder may report any infringement of its copyrights or IP (as defined below) to Social Delta under the terms described herein.

Procedure for reporting copyright infringement

If you believe that materials or content residing on or accessible through the Services infringe your copyright (or the copyright of someone on whose behalf you are authorized to act), please send a notice of copyright infringement (a “Notice”) containing the following information to Social Delta’s designated agent for receipt of Notices (our “Designated Agent”):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other IP that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  4. the address, telephone number, and email address where you can be reached;
  5. a statement by that you have a good faith belief that the disputed use is not authorized by the copyright or IP owner, its agent, or the law;
  6. Both of the following statements in the body of the Notice:

    “I hereby state that I have a good faith belief that the disputed use of the copyrighted content is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

    “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Where to send your Notice?

Your Notice with all items completed will need to be delivered to Social Delta’s Designated Agent at the following address:

Social Delta Copyright Services
c/o Response Labs Inc.
101 N. Haven St., Ste. 301
Baltimore, MD 21224

Email – info@SocialDelta.com

What happens once your Notice is filed?

Once a proper written Notice is received, Social Delta will proceed to: examine the complaint to determine if it has merit; if Social Delta determines in its discretion that the complaint is found to have merit, remove or disable access to the infringing content; and identify the user responsible for the infringing content and inform them that the infringing content has been removed or disabled.

Please note that a copy of the Notice (including your personal information) may be provided to the user who allegedly provided the infringing content. Please also note that Social Delta acts as a conduit between our users and the various Supported Platforms. In several instances, the content published via Social Delta will not be in Social Delta’s custody or control. If the alleged infringing content falls into that category, Social Delta will inform you in writing, and will encourage you to contact the Supported Platform(s) on which such content has been published. In the case of repeated offenses by a specific Social Delta user, Social Delta may ban the user from accessing our Services, at Social Delta’s sole discretion.

Procedure to supply a Counter-Notice (restoring removed content)

If your content has been removed by Social Delta, and you believe that the content that was removed (or to which access was disabled) is not infringing, or you believe that you have the authorization to post and use such content from the copyright owner, or the copyright owner’s agent, or pursuant to the law, you may send Social Delta a counter-notice (“Counter-Notice”) to the address of the Designated Agent listed above. Your Counter-Notice must contain the following information:

  1. Identification the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  2. A statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
  3. Your name, address, telephone number, and, if available, email address, and a statement that you (or the person you represent) consent to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district of Social Delta’s choosing, and that you (or the person you represent) will accept service of process from the person who provided notification of the alleged infringement; and Your physical or electronic signature.

Once a proper Counter-Notice is received, Social Delta may, in our sole discretion, send a copy of the Counter-Notice to the original complaining party informing them that Social Delta may replace the removed content (or restore access to it) 10 business days after our Designated Agent received the Counter-Notice, or any time thereafter. At Social Delta’s discretion, the removed content may be replaced (or access to it restored) 10 business days after receipt of the Counter-Notice, or any time thereafter, unless our Designated Agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.