January 31, 2008
This Copyright and Intellectual Property Policy ("Policy") sets forth certain information about the policies of OpenLandmark and its owner, Mo'Blast, Inc. (Mo'Blast) regarding copyright, trademark and other intellectual property matters. This Policy is incorporated into and is subject to the OpenLandmark Terms of Service Agreement ("TOS"). Your use of any OpenLandmark services, websites, software or product remains subject to the TOS.
Mo'Blast has no responsibility for content on other websites that you may find or access when using OpenLandmark or any other Mo'Blast websites, products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the OpenLandmark (or other applicable Mo'Blast) Terms of Service, govern your use of that material.
It is Mo'Blast's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of OpenLandmark users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Mo'Blast and/or others. In such cases, Mo'Blast may also take other appropriate action, including but not limited to removal of content.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Mo'Blast's Copyright Agent with the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the relevant Mo'Blast website, with enough detail that we may find it on the website;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Mo'Blast's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Mo'Blast Inc.
15 Terrace Walk
Berkeley, CA 94707
By email:
copyright@moblast.com
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.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability under the Copyright Act or other applicable law.
Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following:
(1) A physical or electronic signature of the User.
(2) 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.
(3) A statement under penalty of perjury that the User 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.
(4) The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User's address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By mail:
Copyright Agent
c/o Mo'Blast Inc.
15 Terrace Walk
Berkeley, CA 94707
By email:
copyright@moblast.com
Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers.
User-Generated Content
The rights and obligations of OpenLandmark Users with respect to Content posted and/or uploaded onto or through OpenLandmark or any other Mo'Blast Service, as well as the provisions regarding use of such content by Mo'Blast, its affiliates, subsidiaries, and sublicensees, are governed by the terms of the TOS, the terms of which are incorporated herein by this reference.
Please note that OpenLandmark and certain other Mo'Blast Services permit Users to share certain Content with other Mo'Blast Users under traditional copyright or a variety of Creative Commons license arrangements. Mo'Blast does not provide legal advice regarding copyright and assumes no responsibility for the consequences of Users' choices regarding the copyright designations of User Content.
Changes and Updates
This Policy may be revised periodically and this will be reflected by the effective date listed above. Please revisit this page to stay aware of any changes.