Infringement Notice and Takedown Policy
Last Updated: August 1, 2020
Infringement Notice and Takedown Policy
Last Updated: August 1, 2020
Circle Internet Services, Inc. dba CircleCI, (hereafter, “CircleCI”) respects the rights of copyright holders and
abides by the federal Digital Millennium Copyright Act (“DMCA”) and similar regulations in other jurisdictions by
responding to written notifications of alleged infringement by copyright
holders. As part of our response, we may remove or disable access to allegedly
infringing material residing on our websites or within our Service
(collectively, the "Services”).
This Copyright Infringement Notice and Takedown Policy ("Policy”) supplements, and is incorporated into,
CircleCI’s Software as a Service Subscription Agreement (currently published at https://circleci.com/terms-of-service/ (the
“SaaS Agreement”); CircleCI’s On-Premise Enterprise Terms
and Conditions (currently published at https://circleci.com/legal/enterprise-license-agreement/);
and CircleCI’s Acceptable Use Policy (currently published at https://circleci.com/legal/acceptable-use/).
In the event of any conflict or inconsistency among the following documents,
and, except as otherwise expressly set forth in an Order Form and/or signed agreement
between the parties, the order of precedence shall be (1) this Policy, and (2)
the SaaS Agreement.
Reporting Instances of Copyright Infringement
If you believe that any
content residing or accessible on or through the Services infringes your
copyright, please send a notice of copyright infringement containing the
following information to our Copyright Agent at the address below:
-
Identification of the work or
material you allege has been infringed;
-
Identification of the material
that is claimed to be infringing, including its location within the
Services, with sufficient detail so that we are capable of finding it and
verifying its existence;
-
Your contact information,
including your name, address, telephone number, and email address;
-
If you are not the copyright
owner, a description of your relationship to the copyright holder;
-
A statement that you have a
good faith belief that the use of the material is not authorized by the
copyright owner, its agent, or law;
-
A statement made under penalty
of perjury that the information provided in the notice is accurate and
that you are authorized to make the complaint on behalf of the copyright
owner; and
-
A physical or electronic
signature of a person authorized to act on behalf of the owner of the
copyright that has been allegedly infringed.
Please also note that
the information provided in a notice of copyright infringement may be forwarded
to the user who posted the allegedly infringing content. Additionally, under
Section 512(f) of the DMCA and similar regulations in other jurisdictions,
anyone who knowingly misrepresents that material or activity is infringing may
be liable for damages and attorneys’ fees incurred by the alleged infringer or
by CircleCI.
Our Response to a Copyright Infringement Notification
Following receipt of a
proper written notification, CircleCI will promptly remove or disable access to
the allegedly infringing content. We shall also (1) notify the user who posted
the allegedly infringing material that we have removed the material or disabled
access to it; and (2) provide the user with a copy of the copyright
infringement notification. We may suspend or terminate access to the Services
of users that repeatedly or egregiously infringe the copyrights of others.
Submitting a DMCA Counter-Notification
If you believe your
content was removed or disabled by mistake or misidentification, you may send
us a counter-notification that includes the following information:
-
Identification of the material
that has been removed or to which access has been disabled, and the
location at which the material appeared in the Services before it was
removed or access was disabled;
-
Your contact information
including your name, address, telephone number, and email address;
-
A statement that you consent
to the jurisdiction of the U.S. Federal District Court for the judicial
district in which you are located (or the U.S. District Court for the
Northern District of California located in San Francisco, California if
your address is outside of the United States), and that you shall accept
service of process from the person who provided the notification of
infringement or an agent of such person;
-
A statement that you swear,
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; and
-
Your physical or electronic signature.
Please note that under
Section 512(f) of the DMCA and similar regulations in other jurisdictions, any
person who knowingly misrepresents that material or activity was removed or
disabled by mistake or misidentification may be subject to liability.
Upon receipt of a valid
counter-notification, we shall forward it to the person who submitted the
infringement notification. The person who submitted the infringement
notification (or the copyright holder they represent) shall then have ten (10)
days to notify us that they have filed legal action relating to the allegedly
infringing material. If we do not receive any such notification within ten (10)
days, we may restore the material to the Services.
Repeat Infringer Policy
In accordance with the
DMCA and other applicable law, we have adopted a policy of terminating access
to the Services for any users who, in our sole discretion, are deemed to be
repeat infringers. We may also and at our sole discretion limit and/or
terminate access to the Services of any users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
