Copyright & Intellectual Property

Notification of Copyright Infringement

Factivate respects the intellectual property rights of others and expects its users to do the same.

It is Factivate’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Factivate will respond expeditiously to claims of copyright infringement committed using Factivate that are reported to Factivate’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Factivate’s Designated Copyright Agent. Upon receipt of the notice as described below, Factivate will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from Factivate.

DMCA Notice of Alleged Infringement

  1. Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on Factivate where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this notice, with all items completed, to Factivate’s Designated Copyright Agent:

Copyright Agent
c/o Factivate Inc.
555 Fayetteville Street, Suite 201
Raleigh, NC 27601
[email protected]

Notification of Other Intellectual Property (“IP”) Infringement

If you believe that some other IP right of yours is being infringed by a user, please provide Factivate’s Designated Copyright Agent (specified above) with the following information:

  1. Your full legal name and your electronic or physical signature.
  2. Information reasonably sufficient to permit Factivate to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
  3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Factivate to determine without unreasonable effort that the IP has been infringed.
  4. Information reasonably sufficient to permit Factivate to identify the use being challenged.
  5. Include both of the following statements in the body of the notice:
    • “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
    • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”

Upon receipt of notice as described above, Factivate will seek to confirm the existence of the IP on Factivate, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from Factivate.