Reporting Copyright and Trademark Violations
We take the intellectual property rights of others seriously and require that our customers and their end users do the same. If you believe someone has uploaded content to an Optimizely website or service that infringes your copyright or your trademark, please let us know by sending us an infringement notice as described below. We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.
If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Optimizely’s website or service, please send a Digital Millennium Copyright Act (DMCA) notice to our copyright agent that includes all of the items below and we will take appropriate action:
- A description or image of the copyrighted work that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed, and details of the location on Optimizely’s website or service where you claim is infringing may be found so that we can verify its existence (including URL, where available);
- Your address, telephone number, and email address;
- The following statement: “I have a good faith belief that the use of the copyrighted material described in this notice is not authorized by the copyright owner, its agent, or the law (such as as fair use, fair dealing, or other exceptions)”;
- The following statement: “Under penalty of perjury, I certify that: (i) the information in this notice is accurate; and (ii) I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Our designated copyright agent to receive such claims can be reached as follows:
By mail: Copyright Agent c/o Optimizely, Inc. 542 Amherst St, Nashua, NH 03063
By phone: 603 594 0249
By email: email@example.com
Before you file your DMCA Notice, please consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. You could be liable for costs and attorneys’ fees if you file a DMCA Notice when there is no infringing use. Please contact an attorney if you are unsure. When you submit a DMCA Notice, we always provide a copy of your notice to the customer or user who uploaded the content you say is infringing.
DMCA Counter Notices:
If the applicable customer or user of Optimizely believes that the material that was removed or to which access was disabled is either not infringing, or they/he/she believes that they/he/she has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a DMCA counter-notice and include the following information:
- identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- a statement under penalty of perjury that the user or other Customer-authorized representative has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
- the user’s or other Customer authorized representative’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which such person’s address is located, or if such address is located outside the United States, for any judicial district in which allegedly infringing material is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement; and
- the user’s or other Customer authorized representative’s physical or electronic signature.
Before you file your DMCA Counter Notice, please consider whether or not the your use of the material at issue is infringing. You could be liable for costs and attorneys’ fees if you file a DMCA Counter Notice when your use is infringing. Please contact an attorney if you are unsure. If a counter-notice is received by our designated copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we or our user may replace the removed material or cease disabling. Unless the copyright owner files an action seeking a court order against the applicable user, the removed material may be replaced or access to it restored at our or our user’s discretion.
If you are a trademark owner, or agent of the owner, and believe that content available by means of one or more of our websites or services infringes one or more of your trademarks, please send us a notice containing the information requested for a DMCA Notice, as described above. We will handle these notices similarly to the process described for copyright violations and may disclose the notice to the customer or user who uploaded the content you say is infringing.
The processes described above do not limit our ability to pursue any other remedies we may have to address suspected infringement.