Last revised on April 23, 2014
Upgrademe, Inc (the Company) desires to offer the Upgrademe website (the Website) where our Users share truthful and accurate information. We respect the intellectual property rights of others and desire to offer a website which contains no content that violates those rights. Our User Agreement requires that information posted by Users be accurate, lawful and not in violation of the intellectual property rights of third parties. To promote these objectives, the Company provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures are described in the sections that follow.
In accordance with our User Agreement and these procedures, and regardless of whether the Company may be liable for any alleged violation of rights or inaccurate or unlawful content, Upgrademe may remove or disable access to specified content appearing on the Upgrademe website upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. Whether or not we disable access to, or remove content, the Company may make a good faith attempt to forward the written notification, including the complainants contact information, to the User who posted the content and/or take other reasonable steps to notify the User that Upgrademe has received notice of an alleged violation of intellectual property rights or other content violation. The User may refute a claim by submitting a counter-notice as permitted in these procedures. Any counter-notice submitted may be provided to the complainant with the Users contact information. Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who may infringe or repeatedly infringe the intellectual property rights of others, or who otherwise post inaccurate or unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Notice of Copyright Infringement
Pursuant to the Digital Millennial Copyright Act (17 U.S.C. A 512), Upgrademe has implemented procedures for receiving written notification of claimed infringements. The Company has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication that contains:
Please submit your notice to Upgrademe, Inc Copyright Agent electronically
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication that contains:
Please submit your Counter-Notice to Upgrademe's Copyright Agent electronically or via mail to the addresses specified above.
To notify Upgrademe that you in good faith believe that content
(Specified Content) posted by a User on our website infringes your
intellectual property rights (other than copyright -- in which case
please see Claims Regarding Copyright Infringement) or is inaccurate
or unlawful, you may submit a written complaint to Upgrademe's Content
Complaint Manager electronically or by mail as specified below. Any
assertions made by you in submitting this form are under penalty of
perjury. Upgrademe's Content Complaint Manager can be reached via submission from
within the application.
If you believe the Notice Of Content and Intellectual Property Violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may submit a written complaint to Upgrademe's Content Complaint Manager electronically or by mail at the addresses specified above. Any assertions made by you in submitting this form are under penalty of perjury. The Company will process the Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.