Copyright Policy

COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

This COPYRIGHT AND INTELLECTUAL PROPERTY policy (thIs “policy”) SETS FORTH PECHAKUCHA, INC.'s (“PK”) GENERAL policy towards copyright and intellectual property infringement (in accordance with general u.s. intellectual property laws and the digital millennium copyright act) IN CONNECTION WITH PK'S WEBSITEs AND MOBILE APPLICATIONS (the “PLATFORM”). By accessing OR USING the PLATFORM, you acknowledge and agree that this policy governs your use of the platform and you consent to the practices described in this policy.

Date of last revision: October 26, 2019.

General Information:

PK will use commercially reasonable efforts to respond to notices of copyright or intellectual property infringement received from third parties. The address of PK's designated agent to receive notification of a claimed infringement (the “Designated Agent”) is listed at the end of this Policy.

PK may act expeditiously to respond to a proper notice by (i) removing or disabling access to material claimed to be subject of infringing activity, and (ii) removing and discontinuing access to the Platform to repeat offenders. If PK removes or disables a user's access to the Platform in response to such a notice, PK will use commercially reasonable efforts to attempt to contact the allegedly infringing party (“Recipient”) so that they may send PK a counter-notice as set forth in this Policy.

Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent to PK that a product or activity is infringing your copyright or intellectual property, you may be liable for damages (including all costs and attorneys' fees incurred by PK). Therefore, if you are not sure whether an item on the Platform infringes upon your copyright or intellectual property, contact an attorney before contacting PK.

If, after contacting an attorney, you believe in good faith that an item on the Platform infringes on your copyright or intellectual property, you must provide PK with notice of such infringement by sending a written notice to the Designated Agent listed below specifying the nature of the infringement. The notice must contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property that has allegedly been infringed upon;
2. Identification of the item on the Platform that is allegedly infringing upon the copyright or intellectual property (for an allegation of a patent infringement, please provide a patent number);
3. Contact information about the person providing notification, including the name of the intellectual property owner, the name and title of the person contacting PK on the owner's behalf and such notifying person's address, telephone number and e-mail address;
4. A statement that the person providing the notification has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
5. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright or intellectual property owner.

Removal of Allegedly Infringing Material:

When removing material from the Platform, PK will make reasonable attempts to inform the Recipient of the removal and the reason for the removal. In connection therewith, in its sole discretion, PK may provide the Recipient with a copy of the notice and the notifying party's contact information.

Once an infringement notification is received by the Designated Agent, PK may remove the allegedly infringing item and/or disable a Recipient's access to the Platform. If PK removes an item or disables a Recipient's access to the Platform in response to an infringement notice, PK will make commercially reasonable attempts to notify the Recipient that PK has removed the item or disabled a Recipient's access to the Platform. Repeat offending Recipients may have items removed from the Platform and PK may permanently terminate such Recipient's access to the Platform.

Procedure to Supply a Copyright Counter-Notice to the Designated Agent:

If, in response via counter-notice, a Recipient materially misrepresents that an item is not infringing upon some other person's copyright or intellectual property, such Recipient may be liable for damages (including all costs and attorneys' fees incurred by PK). Therefore, if a Recipient is not sure whether an item they have listed on the Platform infringes upon someone else's copyright or intellectual property, they need to contact an attorney before contacting PK.

If, after contacting an attorney, a Recipient believes in good faith that their item does not infringe upon a third party's copyright or intellectual property, the Recipient must send a counter-notice to the Designated Agent listed below, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. A Recipient must not re-list the item without the express written consent of PK. The counter-notice must contain the following information:

1. The Recipient's physical or electronic signature (or a person authorized to act on behalf of the Recipient);
2. Identification of the item on the Platform that is allegedly infringing upon the copyright or the intellectual property of a third party;
3. A statement made by the Recipient, under penalty of perjury, that the Recipient has a good faith belief that the item was removed from the Platform as a result of mistake or misidentification or the item and that the item is not infringing upon the copyright or intellectual property of a third party; and
4. The Recipient's name, address, telephone number and e-mail address.

If a counter-notice is received by the Designated Agent, PK may send a copy of the counter-notice to the original complaining party informing that person that PK may replace the removed item within 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Recipient, the removed item may be replaced in 10 to 14 business days after receipt of the counter-notice, at PK's discretion.

Designated Agent Information:

Please contact PK's Designated Agent to submit notifications of claimed infringement and copyright counter-notices at the following address:

Horwood Marcus & Berk Chartered

Attn: PechaKucha, Inc. Agent

500 West Madison Street

Suite 3700

Chicago, Illinois 60661