Claytonsm respects the intellectual property rights of third parties and responds to allegations of distribution of protected material through the Claytonsm platform. If you believe that material on the Claytonsm Platform infringes your rights, please notify us by emailing hi@claytonsm.com.
For allegations of copyright infringement under the Digital Millennium Copyright Act (DMCA), please see the DMCA notice below.
DMCA notice
Claytonsm respects the intellectual property rights of third parties and responds to allegations of unauthorized sharing of copyrighted material through the Claytonsm Platform (“Platform”) in accordance with the safe harbor provided by the Digital Millennium Copyright Act (“DMCA”). Claytonsm will also disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others in appropriate circumstances and in the sole discretion of the DMCA.
A. Notification of suspected copyright infringement
If you believe that your work has been copied and made available through the Platform in a manner that constitutes copyright infringement, you may send Claytonsm a written document (“Notice”) containing the following information:
- A description of the copyrighted work you claim has been infringed.
- As noted above, include the URL or other location-specific identification of the material you claim is infringing. You must provide us with sufficient and reasonable information to locate the allegedly infringing material.
- The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. You represent that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
- You represent, under penalty of perjury, that the information contained in your notice is accurate and that you certify that you are the copyright owner or that you are authorized to act on the owner’s behalf.
- Your name, mailing address, telephone number and email address.
Claytonsm’s designated agent for notification of claims of copyright infringement may be contacted at:
Address: 1/20 Duerdin St, Clayton VIC 3168, Australia
Phone: +(0061)488278592
Email: hi@claytonsm.com
Please note that if you falsely claim that content uploaded by users of the platform infringes your copyright, you may be liable for damages, including court costs and attorneys’ fees.
Upon proper notice, Claytonsm will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also notify alleged infringers of the DMCA counter-notification process described in Section B below, through which the alleged infringer can respond to your claim and request that we restore the material.
B. Counter-notification procedures
If you believe that your own copyrighted material has been wrongly removed from the Platform, you may submit a written counter-notification to our Designated Agent (as described above) that includes the following:
The identification of the removed or disabled material and the location where that material appeared before it was removed or disabled is a statement of your consent to submit to the jurisdiction of the Federal District Court at your address.
A statement that you will accept service of subpoenas from the party submitting the notice or an agent of that party.
Your name, address and phone number.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Your physical or electronic signature.
If you send our Designated Agent a valid written counter-notice that meets the above requirements, we will restore your deleted or disabled material within 7 to 14 business days of receipt of your counter-notice, unless our Designated Agent first receives notice from the party who filed the original notice notifying us that the party has brought a court action to restrict you from engaging in infringing activities related to the material in question.
Please note that you may be liable for damages, including costs and attorneys’ fees.
C. Repeat infringer policy
In accordance with the DMCA and other applicable laws, we will, in our sole discretion, disable and/or terminate access to the Platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. Whenever a court, arbitrator, or another tribunal of competent jurisdiction determines that a user has engaged in any type of copyright infringement in connection with the platform, a “strike” is imposed on the user.