Notice and Procedure for Claims of Infringement
Pocket Gems, Inc. (“Pocket Gems”) respects the intellectual property of others and asks that users of Pocket Gems’ services do the same.
Notice Procedure. If you believe that your work has been copied in a way that constitutes infringement of a copyright or other intellectual property, please provide Pocket Gems’ Copyright Agent (as identified below) the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the services;
- Your name, address, telephone number and email 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice Procedure. If you believe that your submission of content to our services was removed (or access to which was disabled) as a result of a notice of infringement and that the content 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 content on the services, you may send to the Copyright Agent a counter-notice containing the following information:
- Your electronic or physical signature;
- Identification of the content that has been removed (or to which access was 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 U.S. Federal courts located in San Francisco County, 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, Pocket Gems 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 ten business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten to fourteen business days (or more) after receipt of the counter-notice. Replacement or restoration of access to the content shall be in Pocket Gems’ sole discretion.
Pocket Gems’ Copyright Agent, for notice of claims of infringement and counter-notices, can be reached as follows:
Pocket Gems, Inc.
Attn: Copyright Agent
220 Montgomery St., Seventh Floor
San Francisco, CA 94104