The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Active Network, LLC, its subsidiary and/or affiliate entities whether or not referred to directly as Active or Active Network, LLC (collectively, “Active”) infringe your copyright (for example, materials posted by Active on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on Active’s websites as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”) are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Active to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) 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. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by Active against you, the DMCA permits you to send Active a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent by mail to: Legal Department, Active Network, LLC, 717 North Harwood Street, Suite 2500, Dallas, TX 75201, or by telephone at 469-291-0300. Be aware that there can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.