Last updated: August 11, 2022
NOTE: To learn more about ITI Digital’s Terms of Service, look here.
1. Our Policy.
1.1 Intellectual Property at ITI Digital.
ITI Digital takes intellectual property rights seriously. For that reason, we have created a simple process to deal with complaints of an alleged infringement of certain third-party intellectual property rights on the ITI Digital platform. This process covers allegations of infringement of copyrights (e.g., written text, photographs, sound recordings, and video clips) and trademarks/servicemarks (e.g., logos, slogans, and names identifying a good or service). Capitalized terms used but not defined in this Agreement are defined in terms of Service.
1.2 Third Party Content.
All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content relating to an event on the Services is posted by Organizers, Consumers, or other third parties, and not by ITI Digital (collectively, “Third Party Content”).
1.3 Purpose.
The following policy sets forth the process by which any third party who believes that Third Party Content is infringing their trademark and/or copyrights may request that ITI Digital remove the allegedly infringing Third Party Content.
2. Removing And Re-Posting Of Third Party Content.
2.1 Getting Allegedly Infringing Content Removed.
Suppose you believe in good faith that any Third Party Content ITI Digital makes available in connection with the Services infringes your copyright or trademark rights. In that case, you (or your agent) may send us a takedown notice requesting that the Third Party Content be removed, or access to it be blocked. Your takedown notice needs to contain the following information for ITI Digital to be able to take action:
1. Information that allows ITI Digital to contact you (i.e., name and address, telephone number, and/or email address);
2. Sufficient information to identify the copyrighted works or trademarks that are allegedly being infringed, including registration number and registration office if applicable;
3. Sufficient information for us to identify and locate the allegedly infringing material, including its Internet location (i.e., URL address);
4. A statement that you have a good faith belief that the use of the Third Party Content on ITI Digital is not authorized by the owner of the Content, its agent or the law;
5. A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed material or you are authorized to act on behalf of such owner; and
6. A physical or electronic signature of the person submitting the takedown notice.
The simplest and most efficient way to submit a written takedown notice is by reporting the infringement to our Content Policy and Moderation team, our DMCA/Trademark Agent, using this form. Filing this notice is the fastest method for reporting alleged copyright and/or trademark infringement.
2.1.1. What constitutes copyright or trademark infringement?
A copyright protects a physical work or representation from being duplicated without the copyright holder’s permission. For example, paintings, songs, digital photography or graphics, and even dance choreography can be protected by copyright.
The “copyright holder” is the person who created the work unless ownership has been changed to someone else. It is “copyright infringement” to do any of the following without the expressed permission of the holder:
⋅ Copy or produce work
⋅ Create a new work derived from the original work
⋅ Sell or give away the work, or a copy of the work before the copyright/trademark owner has done so
⋅ Perform or display the work in public
A trademark could be a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others.
“Trademark Infringement” may occur when one party uses a trademark identical or confusingly similar to a trademark owned by another party in relation to products or services that are identical or similar to the products or services that the trademark registration covers.
2.1.2. How to report copyright or trademark infringement to ITI Digital
If you believe that any third-party content on ITI Digital products and applications violates your copyright or trademark, please report the infringement to our Trust and Safety team, our DMCA/Trademark Agent that protects ITI Digital’s product users against misuse of the software.
For ITI Digital to take action, your request, also known as a “Takedown Notice,” needs to include the following information:
1. Your contact information (name, address, telephone number, and email address).
2. Sufficient information to identify the copyrighted works or trademarks that are allegedly being violated, including registration number and registration office if applicable.
3. Sufficient information to identify the allegedly infringing material, and its web address or URL.
4. A statement that you have a good faith belief that the use of the material isn’t authorized by the owner, its agent, or the law.
5. A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you’re the owner of the allegedly infringing material or you’re authorized to act on behalf of the owner.
6. A physical or electronic signature of the person submitting the takedown notice.
Once you’ve gathered this information, you can submit your request here.
2.2 Liability.
Please note that by submitting a takedown notice, the information you provide is generally subject to ITI Digital’s Privacy Policy. However, you agree that ITI Digital may provide copies of such takedown notice to the alleged infringer, including your name, and that the alleged infringer may contact you directly to discuss the allegation. In addition, you will be liable for any damages (including costs and attorneys’ fees) incurred by ITI Digital or the alleged infringer in the event you knowingly and materially misrepresent that Third Party Content is infringing (taking into consideration copyright defenses (such as fair use) and exceptions). If you are unsure whether the material you report is infringing, you should contact an attorney before filing a takedown notice. ITI Digital cannot provide you with legal advice as to whether or not you are entitled to file a takedown notice.
2.3 Takedown.
Upon receiving a valid and fully completed takedown notice that identifies an infringement of copyright or trademark rights, ITI Digital will remove or disable access to the allegedly infringing material and notify the alleged infringing party.
2.4 Getting Content Reposted That Is Not Infringing.
If ITI Digital has removed your material from the Services, the fastest way to get your material reposted is to remove the portions of your material that are allegedly infringing. In most instances, we only allow users to re-post material we have removed in response to a takedown notice if the complaining party withdraws their complaint.
2.5 Notice Address.
Suppose you do not wish to fill out and submit your takedown notice electronically. In that case, you may submit it in writing to the address below, which is the address of our agent for purposes of the Digital Millennium Copyright Act.
ITI Marketing Inc. DBA ITI Digital
P.O. Box 1785
Bradenton, FL 34206
Attn: Franci Edgerly, CEO & Founder, DMCA/Trademark Agent