If you, a user (“User” or “you”) of any TradeSmith, LLC (“TradeSmith,” “we”, “our” or “us”) website, software, solutions and tools, mobile applications and other online offerings and services (collectively, “Sites”) believe that your intellectual property is being used on any Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) with a notice setting forth the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”)):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website, including any applicable copyright registration number;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Site;
Information sufficient to demonstrate that you are the owner of the copyrighted work or an authorized representative of such owner;
Include the following statements:
“I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”; and
“The information in the notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The foregoing notice must be sent to our Designated Agent, whose contact information is as follows: Designated Agent telephone at 866-385-2076
Send via email at [email protected]
or U.S. Mail at Copyright Agent, TradeSmith, LLC, 1125 N. Charles Street, Baltimore, MD 21201.
Remember, only the copyright owner or their authorized representative may file a report of copyright infringement. If you believe something on the Sites infringes someone else’s copyright, you may want to inform the rights owner. Please note that Section 512(f) of the DMCA may impose liability for damages on any person who knowingly sends meritless notices of infringement. Any information or correspondence that
you provide may be shared with third parties, including the person who provided the alleged infringing material. Upon receipt of a bona fide notice containing all of the information referenced above, we will review the notice and if we determine that an infringement has occurred, we will take appropriate actions, including, notifying the user that posted the offending material and removing or disabling access to the infringing material. If the user that posted the offending material is a repeat offender or has otherwise violated our user policies, we may decide to terminate that user’s access to our Sites.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a counter-notice that includes the following information:
Identification of the copyrighted work that was removed, and the location on the Sites where the material would have been found prior to such materials removal;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address, if different from the information you provided in your user account; and
Include the following statement:
“Under penalty of perjury, I have a good faith belief that the content was removed as a result of a mistake or misidentification.”
Upon receipt of a counter-notice by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it within ten (10) business days and unless the copyright owner files an action seeking a court order against the alleged infringing user, we may replace and cease disabling access to such removed material between ten (10) and fourteen (14) business days after our Designated Agent receives the counter-notice.