Digital Millennium Copyright Act Policy
Copyright Infringement Notice
We respect the intellectual property rights of our customers and third parties. This DMCA Policy addresses how we handle notices of alleged copyright infringement appearing on this Site. Pursuant to the Digital Millennium Copyright Act, notifications (each, a “Notification”) of alleged copyright infringement appearing on this Site shall be sent in writing to
BrightGauge’s designated agent as follows:
BrightGauge Software, Inc.
2121 Ponce De Leon Blvd
Coral Gables, FL 33134
Pursuant to Title 17, U.S. Code, Section 512(c)(2), to be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single Notification, a representative list of such works;
3. 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 BrightGauge to locate the material;
4. Information reasonably sufficient to permit BrightGauge to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):
1. BrightGauge will remove or disable access to the material that is alleged to be infringing;
2. BrightGauge will forward the written Notification to the alleged infringer; and
3. BrightGauge will take reasonable steps to promptly notify the alleged infringer that BrightGauge has removed or disabled access to the material.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), a party may counter a Notification by providing a written communication (each, a “Counter Notification”) to BrightGauge’s designated agent that includes substantially the following:
1. A physical or electronic signature of the party;
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 party 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 party’s name, address, and telephone number, and a statement that the party consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the party’s address is outside of the U.S., for any judicial district in which BrightGauge may be found, and that the party will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):
1. BrightGauge will promptly provide the Complaining Party with a copy of the Counter Notification;
2. BrightGauge will inform the Complaining Party that BrightGauge will replace the removed material or cease disabling access to the removed material within ten (10) business days;
3. BrightGauge will replace the removed material or cease disabling access to the removed material within fourteen (14) business days following receipt of the Counter Notification, provided BrightGauge’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the party providing the Counter Notification from engaging in infringing activity relating to the removed material on BrightGauge’s network or system.