Copyright Dispute and DMCA Policy
Retrospect respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through myretrospect.com (the “Site”) without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). Retrospect will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.
A. Notification of Alleged Copyright Infringement
If you believe that your work has been copied and made available through the Site in a way that constitutes copyright infringement, you may send a written document to Retrospect’s Designated Agent (as set forth below) that contains the following (a “Notice”):
- A description of the copyrighted work that you claim has been infringed.
- Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.
- An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
- A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner’s behalf.
- Your name, mailing address, telephone number, and email address.
Retrospect’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:
1124 13th Ave.
Sacramento, CA 95822
Subject: Copyright Claims
Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by a Site user is infringing your copyright.
Upon receiving a proper Notice, Retrospect will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
B. Counter Notice Procedure
If you believe your own copyrighted material has been removed from the Site in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, the Northern District of California or any other judicial district in which Retrospect may be found.
- A statement that you will accept service of process from the party that filed the Notice or the party’s agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
C. Repeat Infringer Policy
The Company may withdraw all rights and privileges relating to the Site from any user who is deemed to be a repeat infringer. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is either: (i) an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Site; or (ii) the Company has actual knowledge, regardless of any such adjudication, that the user has engaged in any such copyright infringement.
Each adjudication or instance of knowledge counts as a separate strike. If an adjudication or instance of knowledge pertains to multiple instances of copyright infringement, it can count as multiple strikes. The Company has adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.