Copyright and Intellectual Property Policy
Revised: October 15, 2019
Syncro Soft ("Syncro", "we", "us") supports the protection of intellectual property rights of others and we expect our users to do the same as each user is responsible for ensuring that the content they upload to our sites and services does not infringe any third party’s copyright.
Whether you are the holder of a trademark, service mark, or copyright and you believe someone has uploaded content to our sites and services that infringes your copyright or your trademark, we are committed to helping you protect your legal rights. Therefore, we have established the following procedures for considering trademark and/or copyright infringement claims:
- To notify us that there has been a copyright violation, please follow the specific instructions in Reporting Claims of Copyright Infrigement for filing a copyright complaint in accordance with the Digital Millennium Copyright Act of 1998.("DMCA")
- To notify us that there has been a trademark violation, please follow the specific instructions in Reporting Claims of Trademark Infringement for filing a trademark claim.
- If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in Counter-Notification Procedure
Reporting Claims of Copyright Infringement
If you are a copyright owner (or an agent of a copyright owner) and believe any user material posted on our sites or services infringes upon your copyrights, you may request the removal of those materials from our sites or services by submitting a Notification of Claimed Infringement under the DMCA to our Designated Copyright Agent Contact Information. In accordance with the DMCA, the written notice must include substantially the following:
- An identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works found at the site.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (for example an URL where the material is located on our sites, or a description of that location sufficiently detailed for us to find it).
- Information reasonably sufficient by which we can contact you (including your name, postal address, telephone number and e-mail address).
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law".
- A statement that the information in the written notice is accurate and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Your physical or electronic signature.
Important:
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be held liable for damages (including costs and attorneys’ fees) under section 512(f) of the DMCA. If you are unsure whether someone’s use of your copyrighted material amounts to infringement, we suggest that you consult your legal advisor.
Note:
We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.
If we conclude that the you have raised a legitimate copyright claim, we will suspend the alleged infringer's account and deny access to the allegedly infringing material. In appropriate circumstances, we will terminate user accounts that are infringers of the intellectual property rights of others, even based on even a single infringement.
Reporting Claims of Trademark Infringement
If you believe that your trademark is being used on our sites or services in a way that constitutes trademark infringement, we request that you substantiate such claim by providing the following information to our Designated Copyright Agent Contact Information. To be considered effective, a notification of a claimed trademark violation must include the following information:
- An exact description of the trademark. If the trademark is the subject of a trademark registration, the complaint must provide the registration. Otherwise, the complaint must list: (i) the trademark; (ii) the goods and/or services that are associated with the trademark; (iii) the date on first use of the trademark; and (iv) the geographic area in which the trademark has been used;
- Information reasonably sufficient to permit us to identify the owner of the trademark (name, office address, telephone number, email address) and, if the complaint is submitted by an agent, the complaint must also include the agent’s name, address, telephone number and email address;
- A description of the manner in which you believe your trademark is being infringed upon;
- The precise location (the URL) of the page where the unauthorized use of the trademark is located;
- A statement by owner or agent that the disputed use is not authorized by the owner, its agent, or by law;
- A statement by you, under "penalty of perjury" that: (a) all of the information in the complaint is accurate; and (b) you are the owner of the trademark or the agent authorized to act on behalf of the owner;
- A physical or electronic signature of the owner of the trademark or the owner's agent.
Note:
While we are investigating the claim, we at our sole discretion and without any legal obligation to do so, may temporarily remove or deny access to the allegedly infringing material. If we conclude that you have raised a legitimate trademark claim, we may, at our sole discretion and without any legal obligation to do so, terminate the alleged infringer's account and/or remove or deny access to the allegedly infringing material. If we conclude that you have not raised a legitimate claim, we may restore access to the allegedly infringing material.
Counter-Notification Procedure
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may send a Counter Notification to our Designated Copyright Agent Contact Information. Pursuant to the DMCA, the Counter Notification must include substantially the following:
- An 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 disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Boston, Massachusetts if you reside outside of the United Sates), and that you will accept service of process from the person or company who provided the original infringement notification to which your notice relates or an agent of such person or company.
- Your physical or electronic signature. Your copyright notification complaint must be electronically or physically signed by the copyright owner or a person authorized to act on behalf of the owner. Note: A typed signature at the bottom of your copyright notification complaint is acceptable.
Important:
We suggest that you consult your legal advisor before filing a Counter Notification of Copyright Infringement. Please note that you may be held liable for damages (including costs and attorneys' fee) under Section 512(f) of the DMCA if you make a false claim.
We may forward the Counter Notification received from you to the party who submitted the original Notification of Claimed Infringement. The Counter Notification we forward may include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having your information revealed in this way. After we send out the Counter Notification, the original claimant must respond to us within 10 business days stating he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our sites or services.
Repeat Infringers
It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who infringe the copyrights or other intellectual property rights of others, whether or not there is any repeat infringement.
Designated Copyright Agent Contact Information
Our designated Copyright Agent to receive DMCA Notices & Counter Notices or Trademark Notices is:
Company name: Syncro Soft SRL.
Company address: 5A Remus, Craiova, 200082, Romania
Telephone: +1-650-352-1250
E-mail: dmca@oxygenxml.com
The Designated Copyright Agent should be contacted only about notices regarding alleged copyright or trademark. Any other feedback, comments, requests for technical support, should be directed to customer service at sales@oxygenxml.com.