Each User grants Proformative a license to use the content supplied by each such User for the purposes of disclosure on the Proformative website.
This license includes, inter alia, the right for Proformative to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Proformative and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes Proformative to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Proformative for any purpose other than for those purposes strictly related to use of the Proformative services for personal purposes.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Proformative, LLC has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Proformative, LLC’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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 the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Proformative, LLC’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at abuse@Proformative.com or by mail at:
ATTN: Copyright Agent
99 Almaden Blvd. Suite 975, San Jose, CA, 95113, USA
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Proformative, LLC may remove or disable access to the material that is alleged to be infringing;
- Proformative, LLC may forward the written notification to such alleged infringer; and
- Proformative, LLC may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Proformative, LLC’s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the Proformative, LLC’s Copyright Agent for Notice that includes the following information:
- A physical or electronic signature of the alleged infringer;
- 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 access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Proformative, LLC may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- Proformative, LLC may promptly provide you with a copy of the Counter-Notification;
- Proformative, LLC may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- Proformative, LLC may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Proformative, LLC’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Proformative, LLC’s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
To notify Proformative, LLC of Content that infringes your rights (other than copyright violations in which case please click here) or is otherwise unlawful (“Specified Content”), you must send a notice to the Proformative, LLC Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
- Your name, address, telephone number, and e-mail address;
- A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
- A description of the exact location of the Specified Content on the Web Site;
- (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
- (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
- Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Proformative, LLC Content Complaint Manager
Contact information for Proformative, LLC’s Content Complaint Manager is as follows:
ATTN: General Counsel
99 Almaden Blvd. Suite 975, San Jose, CA, 95113, USA