What is Peerspace's process for handling copyright claims?

Notification

If you believe that your work was copied or posted on the services in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:

  • Matthew Bendett
  • Peerspace, 743 Clementina Street, San Francisco, CA. 94103
  • 1-415-403-2421
  • legal@peerspace.com

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing.

Your notification 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 at a single online site are covered by a single notification, a representative list of such works at that site.
  • (c) 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 Peerspace to locate the material.
  • (d) Information reasonably sufficient to permit Peerspace to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • (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.
  • (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.

Note, however, that if you posted any materials on the website or through the services, by submitting, posting or displaying your content, you grant Peerspace and its end users a worldwide, royalty-free, non-exclusive license as specified in this Agreement.

Only DMCA notices should go to the Peerspace Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of DMCA may be ignored.

Upon receipt of the written notification containing the information as outlined above:

  • (a) Peerspace shall remove or disable access to the material that is alleged to be infringing.
  • (b) Peerspace shall use reasonable efforts to forward the written notification to such alleged infringer (“User”).
  • (c) Peerspace shall take reasonable steps to notify the User that it has removed or disabled access to the material.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to Peerspace’s designated Copyright Agent that includes substantially the following:

  • (a) A physical or electronic signature of the User.
  • (b) 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.
  • (c) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • (d) The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which Peerspace is located, and that the User 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 above:

  • (a) Peerspace shall promptly provide you with a copy of the counter notification, and inform you that Peerspace will replace the removed material or cease disabling access to it in 10 business days; and
  • (b) Peerspace shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless Peerspace’s designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at the website or services.

Account Termination

Peerspace may, in appropriate circumstances, terminate an account holder or user of the website or services if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact Peerspace’s DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.

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