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Buzzsprout - Digital Millennium Copyright Act (DMCA) Policy

Buzzsprout (www.buzzsprout.com) is owned and opperated by Higher Pixels, Inc. Higher Pixels is committed to protecting the property of copyright holders.

You may not use the Service in any manner that infringes upon any copyright. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding content that may be located on or about buzzsprout.com and/or the Services. Our response to such notices may include removing or disabling access to the content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint's substance (or lack thereof). Buzzsprout reserves the right, in its sole discretion, to close any account for which Buzzsprout receives copyright infringement complaints, without prior notice and without a refund of any fees.

How to file a claim

Any person or party who wishes to file a claim of copyright infringement regarding content hosted on or otherwise displayed via our systems may file notice via either email or postal mail. Any person or party who requires assistance filing a claim of copyright infringement should consult a legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that content is infringing, or that it was removed or blocked through mistake or misidentification, may be liable for any resulting damages (including, but not limited to costs and attorney's fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.

Email complaints to:
support@buzzsprout.com with a subject containing "DMCA".

Mail complaints to:
Higher Pixels, Inc.
Attention: DMCA Compliance
5133 San Jose Blvd.
Jacksonville, FL 32207 USA.

The DMCA requires very specific language be present in any notice of alleged copyright infringement. As set forth in the DMCA, in order to be effective, a notice of copyright infringement must include all of the following:

  1. The physical or electronic signature of complaining party;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content (i.e. the specific URLs where the allegedly infringing activity is said to be taking place);
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notification

A counter notification is a legal request for Buzzsprout to restore access to the material claimed to be the subject of infringing activity. The DMCA requires very specific language be present in any counter notice. As set forth in the DMCA, in order to be effective, a counter notice must include all of the following:

  1. The physical or electronic signature of the alleged infringer or an agent authorized to act on behalf of the alleged infringer (such as an attorney);
  2. Identification of the material that was removed (or to which access was disabled) and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the alleged infringer (or his/her authorized agent) has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The alleged infringer's (or his/her authorized agent's) name, address, and telephone number, and a statement that the alleged infringer (or his/her authorized agent) consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's (or his/her authorized agent's) address is outside of the United States, for any judicial district in which the service provider may be found, and that the alleged infringer (or his/her authorized agent) will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of an infringement counter notice that substantially complies with the counter notification requirements set forth in the DMCA, Buzzsprout shall promptly provide the complaining party with a full copy of the counter notice provided to us by the alleged infringer or his/her authorized agent. The DMCA also requires us to permit the alleged infringer to restore access to the material claimed to be the subject of infringing activity, within no less than ten (10) business days and no more than fourteen (14) business days following our receipt of a compliant counter notice, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity. Be advised, regardless of whether or not the complaining party files an action seeking a court order to restrain the alleged infringer from engaging in infringing activity, the complaining party may still maintain the right to seek relief in a court of law. It is our policy to adhere to all orders of the court. Any court order issued in connection with a complaint that has been filed against the alleged infringer with which we are served will, with immediate effect, supersede any allowance we may have made permitting the alleged infringer to re-enable or otherwise restore the access to the material claimed to be the subject of infringing activity. A filing of a copyright infringement counter notice may result in litigation between and among the parties.

Trademark Infringement Claims

You may not use the Service in any manner that infringes on the rights of any person or party. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, logos, designs or other lawfully protected works. It is our policy to promptly investigate compliant notices of alleged trademark infringement that are provided to us in writing regarding content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the material claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint's substance (or lack thereof). Presently, there is no counter notification process in place for trademark law. If you wish to object to the complaint filed against you, you will need to take matter up with the trademark owner in a court of law. In any case, you hold Buzzsprout completely harmless in all matters concerning our action with respect to any trademark infringement complaint. Buzzsprout reserves the right, in its sole discretion, to close any account for which Buzzsprout receives trademark infringement complaints, without prior notice and without a refund of any fees.

How to file a claim

Any person or party who wishes to file a claim of trademark infringement regarding content hosted on or otherwise displayed via our systems may file notice via either email or postal mail. Any person or party who requires assistance filing a claim of trademark infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney's fees) incurred by the alleged infringer, the trademark owner or its licensee, or the service provider.

Email complaints to:
support@buzzsprout.com with a subject containing "DMCA Trademark".

Mail complaints to:
Higher Pixels, Inc.
Attention: DMCA Trademark
5133 San Jose Blvd.
Jacksonville, FL 32207 USA.

In order for us to investigate any claim of alleged trademark infringement, the notice of trademark infringement must include, substantially, all of the following:

  1. The trademark or service mark ("the mark") claimed to be the subject of infringing activity;
  2. The registration number of the mark;
  3. The country of origin of the mark;
  4. The contact information of the owner of the mark, including name, address and telephone number;
  5. The goods or services associated with the mark;
  6. A complete description of the manner in which the complaining party believes the mark has been or is being infringed upon;
  7. The precise location of the allegedly infringing activity, specifically, the URLs;
  8. A statement, under penalty of perjury, that the complaining party has a good faith belief that use of the mark in the manner complained is not authorized by the owner of the mark, and use of the mark by in the manner complained infringes upon the rights of owner of the mark.