Copyright Policy

Revision: June 5, 2019

We respect the intellectual property rights of all people and expect our members to do the same. The purpose of this Copyright Policy is to fully define our policies and procedures as they apply to copyright, and to provide a recourse for intellectual property owners to report cases of potential infringement.

Any capitalized terms that are not defined in this Copyright Policy have the meaning as defined in our Terms of Service, which incorporates this policy by reference into its terms.

Please read this Copyright Policy carefully before choosing to use Eruditely. If you have any questions pertaining to this Copyright Policy, please ask us by contacting Copyright@Eruditely.com.

1. Awareness and Responsibility

Eruditely contains an extensive amount of intellectual property, and it is therefore extremely important for all members to be aware of and respect the intellectual property rights of others (such as copyright and trademark). When creating Member Content on the Platform, it is your responsibility alone to ensure that the Member Content does not infringe upon the intellectual property rights or any rights of another person, business, or entity. If you are not the owner of the Member Content that you Share and/or Contribute, you must first obtain all necessary licenses, permissions, and rights from the owner of the intellectual property to use the Member Content on Eruditely.

For further information regarding Member Content and your responsibilities, please read the “Member Content” section of our Terms of Service.

2. Protections and Actions

We believe in protecting the intellectual property rights of all people, and this extends far beyond the members of Eruditely. We therefore monitor Eruditely for infringement of intellectual property rights (such as copyright and trademark), and when appropriate will take corrective action(s) to protect the intellectual property rights of Eruditely members and others. If you infringe upon the copyrights of others, we may delete your infringing Member Content in whole or part, to be determined at our sole discretion. It is also our policy, in appropriate circumstances and at our sole discretion, to disable and/or delete the accounts of members who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.

3. Filing Complaints with a DMCA Notice

We provide a convenient mechanism for copyright owners and the authorized representatives of copyright owners to report infringing use of their intellectual property on Eruditely. This is accomplished by filing a complaint (“DMCA Notice”) in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). To file a DMCA Notice you must provide us with specific required information regarding your copyright and the nature of the claimed infringement. After you file your DMCA Notice we will review, investigate, and make a determination regarding your complaint as quickly as possible.

Please be aware that filing a complaint for a copyright infringement is a serious matter involving a legal process. We highly encourage you to first reach out to the member who you believe has infringed your copyright before contacting us. It is very possible that you will be able to resolve this matter by speaking with that person directly. By submitting a DMCA Notice you are authorizing us to provide your contact information and the content of your notice to the individual or entity that posted and/or used the intellectual property you are reporting. You may also receive a DMCA Counter Notice from the individual or entity you have reported, in which case you will have to take further actions in order to protect your copyright (please read the “Complaints Filed Against Your Content” section for information regarding DMCA Counter Notices).

To learn more about the DMCA please visit:
https://www.copyright.gov/legislation/dmca.pdf

In order to file a DMCA Notice please email all of the information outlined below to:
Copyright@Eruditely.com (Subject: DMCA Notice)

Copyright Owner

Provide the identification and contact information of the copyright owner:

  1. Full Name.
  2. Title (if applicable).
  3. Company Name (if applicable).
  4. Mailing Address.
  5. Country.
  6. Email Address.
  7. Phone Number.

Copyright Agent

Provide the identification and contact information of the copyright agent (if applicable):

  1. Full Name.
  2. Title (if applicable).
  3. Company Name (if applicable).
  4. Mailing Address.
  5. Country.
  6. Email Address.
  7. Phone Number.
  8. Are you expressly authorized to represent the owner in copyright disputes (not just transactions)?

Copyrights Allegedly Infringed

Identify the copyright(s) that are allegedly infringed:

  1. Format(s) of the copyright work(s) (ex. text, photo, video, audio, design, artwork, etc.).
  2. Detailed description of the copyright work(s).
  3. Online specimen(s) of the copyright work(s) (ex. https://MySite.com/CopyrightWorks/) (if applicable).
  4. Registration number(s) of the copyright(s) (if applicable).
  5. Country/countries of the copright(s) registration(s) (if applicable).

Content Allegedly Infringing

Identify the content that is allegedly infringing the copyright(s) on Eruditely:

  1. URL(s) of the infringing content (ex. https://eruditely.com/abc-123/).
  2. Specific element(s) of the content that are infringing (ex. text, photo, video, audio, design, artwork, etc.).
  3. Specific basis (reasoning) of the complaint and explanation of why the content is infringing.

Statements of Authorization

Include your statements of authorization as follows:

  1. I represent and warrant that the information contained in this DMCA Notice is true and accurate.
  2. I have a good faith belief that the disputed use of the copyright work(s) is not authorized by the copyright owner, its agent, or the law (ex. as a fair use).
  3. I state 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.
  4. I understand and acknowledge that a copy of this DMCA Notice may be sent to the current account holder(s) of the content at issue.

Digital Signature

Include your digital signature and date as follows:

  1. Sign the DMCA Notice by typing your full name between two forward slashes (ex. /Full Name/). Your digital signature is as legally binding as a physical signature.
  2. Date the DMCA Notice in the format XX/XX/XXXX.

4. Complaints Filed Against Your Content

In the event that the owner of a copyright files a complaint against your Member Content, we will contact you to make you aware of the allegation. After we have completed our review and investigation, we may remove your Member Content in whole or part from the Platform, to be determined at our sole discretion. We will inform both parties (you and the original complainant) with the results of our determination and to let you know what other options may be available. If you believe that the complaint was filed against your Member Content in error, you do have the option to file a DMCA Counter Notice (please read the “Filing a DMCA Counter Notice” section below).

When we receive a properly formatted DMCA Counter Notice, we will forward it to the original complainant for their response. The original complainant will then have ten (10) business days to respond back to us with a statement that they are seeking a court order to prevent further infringement of their copyright. If we do not receive a response from the original complainant within ten (10) business days, we will clear the complaint from your account’s record, and at our sole discretion, may restore your Member Content that was previously removed.

5. Filing a DMCA Counter Notice

Before you choose to file a DMCA Counter Notice, please consider that there can be extremely serious legal ramifications for fraudulent, frivolous, or erroneous notices, and that such consequences may be imposed pursuant to Section 512(f) of the DMCA. You should only file a DMCA Counter Notice if you are absolutely certain that you are the legal owner of the copyright (or are the authorized representative of the legal owner of the copyright), or if you have a good faith belief that the Member Content was erroneously removed.

To learn more about the DMCA please visit:
https://www.copyright.gov/legislation/dmca.pdf

In order to file a DMCA Counter Notice please email all of the information outlined below to:
Copyright@Eruditely.com (Subject: DMCA Counter Notice)

Counter Notice Claimant

Provide the identification and contact information of the counter notice claimant:

  1. Full Name.
  2. Title (if applicable).
  3. Company Name (if applicable).
  4. Mailing Address.
  5. Country.
  6. Email Address.
  7. Phone Number.

Content Removed or Disabled

Identify the content that was removed or disabled on Eruditely pursuant to a DMCA Notice:

  1. URL(s) of the removed or disabled content (ex. https://eruditely.com/abc-123/). If you do not have the URL(s) available, you can copy them from the email notification that we sent to you.
  2. Specific basis (reasoning) of the counter notice and explanation of why the content is not infringing.

Statements of Authorization

Include your statements of authorization as follows:

  1. I represent and warrant that the information contained in this DMCA Counter Notice is true and accurate.
  2. I state under penalty of perjury that I have a good faith belief that the Member Content was removed as a result of a mistake or misidentification of the content to be removed or disabled.
  3. I will accept service of process from the claimant of copyright infringement, and consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is located outside the United States, for any judicial district in which Eruditely, Inc. is located.
  4. I understand and acknowledge that a copy of this DMCA Counter Notice will be sent to the original complainant for their response.

Digital Signature

Include your digital signature and date as follows:

  1. Sign the DMCA Counter Notice by typing your full name between two forward slashes (ex. /Full Name/). Your digital signature is as legally binding as a physical signature.
  2. Date the DMCA Counter Notice in the format XX/XX/XXXX.

6. Amendments

In the event that we amend this Copyright Policy we will post the changes directly to this page and shall update the revision date displayed at the top of this page. If any of our amendments materially affects how we treat your intellectual property, we shall provide you with reasonable notice pursuant to our Terms of Service. If we are required by law to obtain your consent prior to making certain changes to this Copyright Policy, we shall first obtain your consent, and provide you with the opportunity to opt-out of the changes. Please be aware that any amendments made to this Copyright Policy are subject to the Amendments provision of our Terms of Service.

7. Contact Us

For questions pertaining to this Copyright Policy please contact:
Copyright@Eruditely.com

For all other inquiries please contact:
Support@Eruditely.com

Eruditely, Inc. is a Washington state corporation based in North Bend, WA.

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