MARIANA INTELLECTUAL PROPERTY POLICY
Mariana respects the intellectual property rights of others. If you believe your work has been the subject of copyright infringement or infringement of any other intellectual property right (including trademark rights and rights to publicity and privacy) and is available via any of our service offerings, please contact Mariana’s designated copyright agent at the address listed below with the following information:
To be effective, you must provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) for copyright claims) (a “DMCA Notice” if pertaining to copyright infringement, and an “IP Rights Notice” if pertaining to other intellectual property rights):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right interest that is allegedly infringed;
- Identification of the copyrighted work(s), trademark, or other right that you claim to have been infringed, including any applicable registration number, date, and applicable country where registered;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright and/or other intellectual property right owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright and/or other intellectual property right owner or authorized to act on the copyright and/or other intellectual property right owner’s behalf.
The designated copyright agent for Mariana is:
Attn: DMCA Compliance Officer
4 W 4th Ave. #400,
San Mateo, CA 94402
If you submit a DMCA Notice and/or an IP Rights Notice hereunder, you shall be deemed a “Complaining Party” for purposes of this agreement. Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Moreover, this procedure is exclusively for notifying Mariana that your intellectual property rights have been infringed.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Upon receipt of a written DMCA Notice and/or IP Rights Notice containing the information as outlined above for content hosted and available via any of our service offerings, Mariana may:
- Remove or disable access to the material that is alleged to be infringing;
- Make a good faith effort to forward the written DMCA Notice and/or IP Rights Notice to such alleged infringer (“Alleged Infringer”);
- Take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Pursuant to 17 U.S.C. § 512 et. al, in response to a DMCA Notice an Alleged Infringer may provide Mariana’s designated copyright agent with a counter notice objecting to the Complaining Party’s allegations and Mariana’s removal of the alleged infringing material (a “Counter Notice”). Also, in response to an IP Rights Notice an Alleged Infringer may provide Mariana’s designated copyright agent with a counter notice objecting to the Complaining Party’s allegations and Mariana’s removal of the alleged infringing material (also a “Counter Notice”).
To be effective, a Counter Notice must be a written communication provided to Mariana’s designated copyright agent that includes substantially the following:
- A physical or electronic signature of the Alleged Infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which its physical address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which Mariana may be found, and that the Alleged Infringer will accept service of process from the person who provided the DMCA Notice and/or IP Rights Notice, or an agent of such person.
Upon receipt of a Counter Notice containing the information as outlined in 1 through 4 above, Mariana may take some or all of the steps listed below:
- Promptly provide the Complaining Party with a copy of the Counter Notice;
- Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notice, provided Mariana’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Mariana’s network or system.
Mariana reserves the right, in its sole discretion, to terminate the account or access of any user of our website and/or service who is the subject of repeated DMCA or other infringement notifications.