Last updated: 7/18/2022
Trisk respects the intellectual property rights of others and expects its users to do the same.
It is Trisk’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing 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, Trisk will respond expeditiously to claims of copyright infringement committed using the Trisk website (the “Site”)/Trisk services that are reported to Trisk’s 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 Site/Trisk services by completing and submitting a request via email after reading through this Copyright Policy in full.
Alternatively, you may complete the following DMCA Notice of Alleged Infringement and deliver it to Trisk’s Designated Copyright Agent.
Upon receipt of a notice, Trisk will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site/Trisk service.
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 Site 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 Trisk’s Designated Copyright Agent:
c/o Trisk.io, Inc.
150 Executive Park Boulevard, Suite 3050
San Francisco, CA 94134
Processing of Notifications and Counter Notifications
Please note that responses to proper notifications under the DMCA or other applicable laws may include removing or disabling access to data or material claimed to be infringing and/or suspension, restriction, or termination of access to Services. By lodging a notification you understand and agree that, in the event of any removal or disablement in response to a notification, reasonable steps shall be taken to contact the person in respect of whom such action was taken so as to permit such person to provide a counter notification pursuant to the DMCA or other applicable laws ("Countering Party"), which may include providing Countering Party with the content of the original notification. Where a counter notification is received, such data or materials may be reinstated in accordance with applicable law. A counter notification may be provided to our Copyright Agent indicated above; provided, however, that to be legally effective for the purposes of the DMCA, same must comprise a counter notification in accordance with 17 U.S.C. § 512(g)(3) of the DMCA as a written communication that includes substantially the following:
(i) Countering Party's 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 Countering 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; and
(iv) Countering Party's name, address, and telephone number, and a statement that Countering Party consents to the jurisdiction of the Federal District Court for the judicial district in which Countering Party's address is located, or if Countering Party's address is outside of the United States, for any judicial district in which Trisk may be found, and that Countering Party will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) of the DMCA or an agent of such person.
By lodging a counter notification, you understand and agree that Trisk will notify the original complainant of the counter-notification in accordance with the DMCA and other applicable laws, including by providing the original complainant with a copy of the counter notification. That original complainant may choose to file a lawsuit against you for copyright infringement. If we do not receive notice of the filing of such a lawsuit within ten (10) business days after we provide notice of your counter-notification, we will proceed to re-enable the disabled materials; until that time, however, the materials will remain unavailable.
English Language Requirement
All notices and counter-notifications must be written in the English language. Any attempted notice or counter-notification written in a language other than English will be deemed non-compliant and disregarded.
You should be aware that you may be liable under the DMCA or other applicable laws for any damages, including costs and attorneys' fees, incurred by person(s) injured as a result of any material misrepresentation you knowingly make that material or activity (i) is infringing; or (ii) was removed or disabled by mistake or misidentification.
NOT LEGAL ADVICE
This notice is provided so as to comply with provisions of the DMCA and other applicable laws as are relevant to Trisk; it is not intended and may not be taken as, or relied upon in any way as, legal advice. We encourage you to familiarize yourself with the requirements of the DMCA and other applicable laws, or to consult an attorney, before providing any notification or counter notification of any kind to us.