This policy is effective as of 11th September 2023
Prose Pivot respects the intellectual property rights of others, and we ask our users to do the same. Prose Pivot may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on Prose Pivot's website, please provide the following information to Prose Pivot's Copyright Agent.
The Prose Pivot Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to copyright@prosepivot.com or by sending a letter via U.S. Mail to: Prose Pivot Technology LLC, 3343 Peachtree Rd NE, Suite 145-1212, Atlanta, GA 30326 USA, Attn: General Counsel.
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 Prose Pivot to locate the material;
Information reasonably sufficient to permit Prose Pivot 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;
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
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:
Prose Pivot will remove or disable access to the material that is alleged to be infringing;
Prose Pivot will forward the written notification to such alleged infringer (the "Alleged Infringer");
Prose Pivot will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Prose Pivot's 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 the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Prose Pivot may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
Prose Pivot will promptly provide the Complaining Party with a copy of the Counter Notification;
Prose Pivot will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Prose Pivot will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Prose Pivot's Copyright 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 Prose Pivot's network or system.