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:
Our designated copyright agent to receive such claims can be reached as follows:
c/o Optimizely, Inc.
631 Howard St. #100
San Francisco, CA 94105
By phone: 415-872-0200
By email: firstname.lastname@example.org
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.
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:
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.
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