RESTORE HEALTH COPYRIGHT & INTELLECTUAL PROPERTY POLICY
Restore Health (“Restore Health”) respects the intellectual property rights of others and expects its users to do the same.
It is Restore Health’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Restore Health will respond expeditiously to claims of copyright infringement committed using the Restore Health mobile device application or website (the “Services”) that are reported to Restore Health’ Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Restore Health’ Designated Copyright Agent. Upon receipt of the Notice as described below, Restore Health will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Restore Health’ Designated Copyright Agent:
c/o Restore Health
1 International Place, Suite 1620
Boston, MA 02110
Notification of Trademark Infringement
If you believe that your trademark (the “Mark”) is being used on the Service by a user in a way that constitutes trademark infringement, please provide Restore Health’ Designated Copyright Agent (specified above) with the following information:
- Your full legal name and your electronic or physical signature.
- Information reasonably sufficient to permit Restore Health to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
- Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.
- Information reasonably sufficient to permit Restore Health to identify the use being challenged.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.”
- “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark.”
Upon receipt of notice as described above, Restore Health will seek to confirm the existence of the Mark on the Services, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Services.