Last updated: 10 July 2013
Sparkup Ltd. (“Sparkup“) respects the rights of copyright owners and intends to offer the Sparkup website (“Site“) containing material therein that does not violate such rights. For this purpose, Sparkup implements procedures for submission of notifications of claimed copyright infringement concerning content posted by its users according to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA“) and other equivalent applicable laws. Sparkup’s policy and procedures are described in the sections that follow.
1. NOTIFICATION OF COPYRIGHT INFRINGEMENT
Sparkup will respond expeditiously upon receipt of appropriate written notification of claimed copyright infringement. Pursuant to the DMCA, Sparkup has designated an agent (specified below) (“Designated Agent“) to receive notifications of claimed copyright infringement in connection with the Site. In appropriate circumstances and at Sparkup’s discretion, Sparkup may remove, suspend, disable access, or take other appropriate action against visitors and/or users who infringe or repeatedly infringe the copyright rights of others. If you reasonably believe that any material accessed using the Site contain unauthorized reproduction of your copyrighted work or otherwise infringe your exclusive copyright right, you may promptly submit a written notification of copyright infringement to the Designated Agent, which contains the following information in accordance with the DMCA:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed;
(ii) Identification of the copyrighted work you claim 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;
(iii) 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 Sparkup to locate the material;
(iv) Information reasonably sufficient to permit Sparkup to contact you, such as an address, telephone number and e-mail address;
(v) A statement by you that you have 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
(vi) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the exclusive copyright owner or authorized to act on behalf of the exclusive copyright owner.
If you believe that a notification of claimed copyright infringement has been improperly submitted against you, and/or that material you uploaded was removed from the Site by mistake, and that you have the right to upload such material, you may submit a counter-notification. To be effective, a counter-notification must be a written communication provided to the Designated Agent that includes substantially the following (please consult your legal counsel or refer to Section 512(g)(3) of the DMCA to confirm these requirements):
(i) Your physical or electronic signature;
(ii) 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;
(iii) A statement under penalty of perjury that you have 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; and
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Sparkup may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Please note that any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
4. DESIGNATED AGENT
Sparkup’s Designated Agent’s details for notifications of claimed copyright infringement is are follows:
Name: Amir Koren
Address: 1 Avnet Rd., Tel Mond, 40600 Israel Telephone: 1-866-322-4675
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF SECTION 512(C)(3) OF THE DMCA MAY NOT RECEIVE A RESPONSE.