Violation of Third Party Rights and Restoration of Removed-Content Policy
The trade-marks, logos, signs, symbols, images and brands ("Marks") displayed on the Site are the property of OM or our content providers, partners and third party licensors. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of OM or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All information and content available on or through the Site, Content or Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial or public purposes.
Violation of Third Party Rights
You represent and warrant that all UGC of any kind that is uploaded to or transmitted through the Site, Content or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trade-mark, trade dress, patent, privacy, confidentiality or other personal or proprietary rights of any such third parties. You further represent and warrant that your use of any user names attached to your account will not violate or infringe upon the trade-mark, trade dress or other proprietary rights of any third party. Without limiting any other rights and remedies of OM, OM may suspend the operation and use of any user names where it determines, acting reasonably but in its sole and absolute discretion, that the continued use of the user name will infringe on the proprietary rights of any third party. OM may terminate the privileges of any user who utilizes the Site, Content or Services to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of OM, in its sole discretion.
Alleged Copyright Infringement Policy
It is OM’s policy to respond to notices of alleged copyright infringement that are made in compliance with the framework found in the United States Digital Millennium Copyright Act of 1998 (the “DMCA”). If you wish to provide notice of alleged copyright infringement, you must provide the necessary information in in accordance with the provisions set out below. OM may, in its sole and absolute discretion, terminate or suspend access to the Site, Content or Services or all or any portion thereof, or cancel the Account of any user who repeatedly infringes or who is repeatedly alleged to have infringed the copyright or other intellectual property rights of third parties. OM accommodates and does not interfere with standard digital rights management and other technical measures employed by copyright owners to protect their proprietary materials.
OM requires all notices of alleged copyright infringement (a “Copyright Notice”) to be in writing and delivered via regular mail or e-mail to OM in order to enable us to review and respond to your complaint as efficiently as possible while maintaining compliance with applicable laws. If you are providing a Copyright Notice you must provide the detailed information outlined below. If applicable, you should also be aware that you could be held liable for damages (including any costs and attorney’s fees) if you materially misrepresent that material or activity is infringing your copyright. If you are not certain whether the material or activity about which you are complaining infringes your copyright, you should obtain competent legal advice.
Copyright Infringement Notice
Step 1: Create a written Copyright Infringement Notice document using this format.
Section 1: Identify your original work. Identify the copyrighted work that you claim is being infringed. In the case of online content, include the website URL where an authorized copy of your copyrighted content is located. If the copyrighted work is not available online, include a hard copy of the work and proof of the existence and your ownership of the copyright in the work (e.g. your copyright registration).
Section 2: Identify the infringing content. Identify the website URL where a copy of the allegedly infringing material is located. Provide the individual URL(s) of each relevant web page and if necessary the location of the text or content.
Section 3: Your Direct Contact Information
Section 4: Include the following statement:
“I have a good faith belief that use of the copyrighted materials described above in Section 1 on the web pages identified above in Section 2 is not authorized by the copyright owner, its agents, or the law and therefore infringes the copyright owner’s rights. I hereby request that you forthwith remove or disable access to the identified copyrighted materials on the identified web pages.”
Section 5: Include the following statement:
“I certify, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly being infringed.”
Section 6: Sign & Date
Step 2: Mail, e-mail or fax the written Copyright Notice document to us.
Please note that the document must be dated and signed with your physical or electronic signature.
Omega Morphosis Corporation
Attn: CEO and President
C/O LAWSON LUNDELL LLP
#403, 460 Doyle Avenue
Kelowna, BC Canada
Omega Morphosis Corporation
Attn: CEO and President
By E-Mail: email@example.com
OM will comply with Canadian copyright law by forwarding the notice to the user(s) and then inform the copyright owner once this has been done, and in addition OM may, acting in its sole discretion, notify a user that it has removed or disabled access to allegedly infringing material by means of: (a) a general notice on the Site; (b) an e-mail to a user’s e-mail address in OM’s records; (c) or by written communication to the physical address in OM’s records; (d) or all of the foregoing. Please note that a copy of any Copyright Notice (including your personal information) shall be provided to the user who allegedly provided the infringing content.
Counter Notice to Restore Removed Content
If you are a user and receive notice that your content is alleged to infringe the copyright or other intellectual property rights of a third party, you may provide a response in writing to OM that contains the following:
“I certify, under penalty of perjury that I have a good faith belief that the materials described herein have been removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
“I hereby consent to the exclusive jurisdiction of the courts of competent jurisdiction located in Kelowna, British Columbia, and I will accept service of process from the party who provided the Copyright Notice of the allegedly infringing material or an agent of such party.”; and