Effective Date October 4, 2022
PresenceLearning, Inc. and its affiliates (“Presence”, “We” or “Our”) has adopted the following general policy toward copyright infringement for its Presence website, platform, systems, and services (collectively, “Systems”) in accordance with the Digital Millennium Copyright Act, as amended (the “DMCA”). The easiest way to submit a DMCA claim is via [email protected]. Otherwise, please read on.
The address of Our agent (the “Designated Agent’) who should receive any notice of copyright infringement (a “Notice”) is listed at the end of this policy.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Presence may deny or terminate access to the platform and services to any user who is alleged to infringe another party’s copyright.
Procedure For Reporting Copyright Infringement
If you believe that there is any infringement of copyrighted materials on our Systems, you may provide a Notice to our Designated Agent. All Notices should include:
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner;
- Contact information about the notifier including: address, telephone number, and/or email address;
- A clear and complete identification of the copyrighted work or works claimed to be infringed. If your Notice covers multiple copyrighted works, the Notice may include only a representative list of the works;
- An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials. The identification should include enough specific information, such as a URL or an item listing, so that We can reasonably locate the allegedly infringing material. General information about the material, such as the service being used, will not be sufficient for us to identify the allegedly infringing material or its location;
- A statement that the notifier has a good-faith belief that the material is not authorized by the copyright owner, its agent, or the law; AND
- A statement made under penalty of perjury that the information in the Notice is accurate, and that the notifying party is authorized to make a complaint on behalf of the copyright owner.
If you are submitting a Notice to remove allegedly infringing materials originating from a third-party website which is cached on our Systems, your Notice (a) may only be sent after the material has been taken down from the originating website, or where a court has ordered the takedown from that website, and (b) must include a statement confirming that the material has been taken down, or that a court has ordered that the material be taken down from the originating website.
You are initiating a legal process by sending us a Notice. Do not submit false claims. Please consider whether any disputed use constitutes fair use or fair dealing which does not require your authorization for use (or any other exception to copyright) before you submit a Notice.
Once A Proper Bona Fide Notice Is Received
When the Designated Agent has received a Notice, We will look into the matter. If We find that there was infringement, We will take the following steps:
- Remove or disable access to the infringing material; and
- Notify the user that We have removed or disabled access to the material.
We may deny or terminate access to the Systems for any repeat offenders of this policy.
Counter-Notice To The Designated Agent
If any of your material is removed after We receive a Notice, and you believe your material is not infringing, or, that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use the material in the manner complained about, you may send a counter-notice to the Designated Agent containing the following information:
- Identification of the material that has been removed or to which access has been disabled, and the location from where the material appeared before it was removed, or access was disabled. General information about the material, such as the service being used or a username, will not be sufficient for us to identify the material or its location;
- A physical or electronic signature of the user;
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 disabled;
- A statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material;
- Your name, address, telephone number, and, if available, e-mail address; and
- A statement that you consent to the jurisdiction of the Federal Court for the district in which your address is located, or if your address is located outside the United
- States, the judicial district in which Presence is located, and will accept service of process from the claimant or claimant’s
Once the Designated Agent receives a counter-notification, We will forward a copy of the counter-notification to the party who submitted the Notice. That party has ten (10) business days to respond with evidence that they have initiated a court action to keep the material from being restored. We are required by law to wait for this period before We may restore the disputed material. If We do not receive this response from the original claimant, We may, in our sole discretion, reinstate the removed material or cease disabling access to it within ten (10) to fourteen (14) business days from the day the we received the counter-notification.
When We forward the counter-notification to the party who submitted the Notice, it will include any personal information you provide. Please keep in mind that the original claimant may use this personal information to file a lawsuit against you to keep the material from being restored on the Systems. By submitting a counter-notification to us, you consent to having your information revealed in this way. We will not forward your counter-notification to any party other than the original claimant.
We can only accept a counter-notification directly from the user from whose account the allegedly infringing content has been removed or has had its access disabled. For our verification purposes, counter-notifications sent by email should be submitted from the same email address associated with the account.
If you submitted a Notice, or would otherwise like to retract your Notice, submit the following to the Designated Agent:
- A statement that you are retracting your Notice;
- An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials which you identified in your Notice; and
- Your electronic or physical signature (including first and last names; no company names). If you sent your Notice by email, send your retraction from the same email address, otherwise We may not be able to process your retraction.
Repeat Infringer Policy
If you repeatedly transmit or post content that infringes someone else’s copyrights, We may terminate your use of our Systems; limit your ability to use our services; and/or take any other actions We believe are necessary to end the infringement and ensure that it does not reoccur.
The actions taken under this policy may depend on the particular circumstances of the matter, such as the nature of the violation, the particular content infringed, what aspect of the Systems were used to commit the violation, and the results of any appeals process that We provide.
All Notices and counter-notifications under this policy must be sent to our Designated Agent to be effective. You may submit Notices and counter-notices by mail, fax, or email to:
Attn: Legal Department
530 Seventh Ave, Suite M1
New York, NY 10018
Email: [email protected]; [email protected]