Claims Regarding Infringement or Other Illegal Content

Pursuant to the United States Digital Millennium Copyright Act (17 U.S.C. * 512), Cynogage (“the Company”) has implemented procedures for receiving written notification of (a) claimed copyright infringement, (b) claimed violation of other rights, or (c) content that is otherwise alleged to be illegal. How you contact the Company and the steps required to submit a notice are set out below and will differ depending on the nature of your notice.

A. Claimed Copyright Infringement

1. Notice of Alleged Copyright Infringement

The Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed by content provided through Company’s products or services, you may submit a notice. To be effective under the Digital Millennium Copyright Act, a notice must be a written communication provided to the Company’s Copyright Agent and must contain:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description specifying the location of the material that you claim is infringing;

(d) Your telephone number and e-mail address;

(e) 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

(f) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

To submit a notice for copyright infringement, please submit the information below to the e-mail address below.

DATE: _______________________

TO: Cynogage support@cynogage.com

I declare UNDER PENALTY OF PERJURY that:

1. I am the owner, or an agent authorized to act on behalf of the owner, which owner’s name is

________________________________ (“IP Owner”), of the following copyrighted work.

Identify, in sufficient detail, the copyrighted work that you claim has been infringed upon, including providing any registration number or other identification, if available. Attach applicable documents, if any.

2. I have a good faith belief that the content described below and being made available to end users of the Company’s products is not authorized by the IP owner, its agent, or the law, and therefore infringes the IP Owner’s rights:

Identify the content that you claim is infringing the copyright identified above.

Where does the alleged infringing material appear? Please provide sufficient information to help us locate the content you are reporting.

Please describe how the content infringes your or the IP owner’s rights (this question may assist us with processing your claim and eliminate the potential need for follow-up questions should your notice be unclear).

Identify, if possible, information sufficient to permit the Company to notify the channel application developer and/or service provider of the allegedly infringing content.

3. I acknowledge that this Notice, including my contact information, may be provided to the channel application developer and/or service provider associated with the alleged infringing content.

4. I may be contacted as follows:

My Name:

My Telephone:

Company or Other IP Owner (if different from me):

Email:

Check one of the boxes below.

The information I have provided in this statement is accurate.

I agree: □

I disagree: □

Electronic or Physical Signature:

Please note that the Notice must be completed in full for it to be effective.

The Company’s copyright agent for Notice of Claims of Copyright Infringement can be reached as follows:

By E-mail to: support@cynogage.com

Upon receipt of the notice containing the required information, the Company may:

(a) Remove or disable access to the material that is alleged to be infringing;

(b) Forward the written notification to the channel application developer and/or service provider who is providing the allegedly infringing content, along with your contact information;

(c) Take reasonable steps to promptly notify the channel application developer and/or service provider that the Company has removed or disabled access to the allegedly infringing material and that the channel application developer and/or service provider may respond with a Counter-Notice; and/or

(d) Terminate the channel application developer’s and/or service provider’s account in the case of repeat infringement if no Counter-Notice is filed and/or if a lawsuit is filed.

2. Counter-Notice

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To be effective, a Counter-Notice must be a written communication provided to the Company’s Copyright Agent and must contain:

(a) Your physical or electronic signature;

(b) Identification of the material removed or to which access has been disabled;

(c) A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; and

(d) Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) in Santa Clara County, California, if your address is located outside the United States and that you will accept service of process from the Complainant submitting the notice.

To submit a Counter-Notice, please complete and submit the following information to support@cynogage.com.

DATE: _______________

TO: Cynogage

Email: support@cynogage.com

I declare UNDER PENALTY OF PERJURY that:

1. I am the individual or a representative of the entity identified in the Notice of Alleged Copyright Infringement dated _______________ and referring to content located at:

2. I have a good faith belief that removal or disablement of the content described above was a mistake, the material was misidentified and/or that the content described above does not infringe the copyright of the IP Owner. In the space below, I identify the reasons I believe that my content does not violate any rights as claimed in the Notice.

3. I consent to the jurisdiction of the United States District Court for the jurisdiction in which my address, set forth below, is located or, if I reside outside the United States, I consent to the jurisdiction of the United States District Court located in the Northern District of California. I agree to accept service of process from the Complainant.

4. I acknowledge that this Counter-Notice, including my contact information, may be provided to the Complainant.

5. I may be contacted at:

My Name:

Telephone:

My Address:

Email:

Check one of the boxes below.

The information I have provided in this statement is accurate.

I agree: □

I disagree: □

Electronic or Physical Signature:

__________________________________________________

Please note that the Counter-Notice must be completed in full for it to be effective.

Upon receipt of a Counter-Notice containing the required information, the Company may:

(a) Promptly provide the Complainant with a copy of the Counter-Notice; and/or

(b) Inform the Complainant that it will not remove the material or cease enabling access to it unless, within ten (10) business days, the Complainant provides the Company’s Copyright Agent with notice that Complainant has filed an action seeking a court order to restrain the channel application developer and/or service provider from engaging in infringing activity.

B. Violation of Other Rights; Illegal Content

You may contact us if you believe in good faith that any content provided through Company’s products or services is illegal, or otherwise infringes your or a third party’s right (excluding copyright infringement, which is addressed in Section A above), or if you wish to make Company aware of any other illegal or infringing acts related to the Company. This includes, for example, if you become aware of:

trade mark infringement; or
defamatory comments or remarks;
Any notice must be provided by e-mail to support@cynogage.com and must contain:

A detailed description of the infringing or illegal material or activity including why it is infringing or illegal;
A detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and
Your name, address, telephone number and e-mail address.
Upon receipt of the notice containing the required information, the Company may:

Remove or disable access to the material that is alleged to be infringing or illegal;
Forward the written notification to the relevant channel application developer and/or service provider along with your contact information;
Take reasonable steps to promptly notify the channel application developer and/or service provider that the Company has removed or disabled access to the relevant material; and/or
Terminate the channel application developer’s and/or service provider’s account in the case of repeat infringement and/or if a lawsuit is filed.