Kicksend respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you are a copyright owner or an agent thereof and believe that any content on our service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- • 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;
- • Identification of the material 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 the service provider to locate the material;
- • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- • A statement that you have 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
- • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Kicksend's designated Copyright Agent to receive notifications of claimed infringement can be reached at:
Kicksend Legal Representative
260 W. Dana St.
Mountain View, CA 94041
Phone: (650) 336-5817
Fax: (415) 475-2233
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Kicksend customer service.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in Your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- • Your physical or electronic signature;
- • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Kicksend may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user who posted the content, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Kicksend's sole discretion.
Repeat Infringement Policy. Kicksend will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat or malevolent infringer.