OneParish, Inc. (“we,” “us” or “our”) respects the intellectual property rights of others and expects its users to do the same.
It is our 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 www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the OneParish Service or the OneParish Service App (collectively, the “Service”) that are reported our 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 Service by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Service.
The DMCA also includes an optional counter-notification process in accordance with which the website operator can provide the user who posted material that is subject to a DMCA takedown notice with an opportunity to challenge the take-down. Such a user can send a written notice to the website operator stating that the material has been wrongly removed or blocked. By the terms of the DMCA, such a counter-notice should assert that the challenged material was taken down as a result of “mistake” or “misidentification,” but this represents in substance a statement that the material in question does not infringe the copyrights at issue. On receipt of a formally correct counter-notice, the DMCA requires that the website operator then promptly notify the copyright claimant of the user’s objection. The website operator must then reinstate the material in question in not less than 10 and not more than 14 business days after receipt of such counter notice unless it receives notice from the copyright claimant during that period that the claimant has filed a legal action to restrain the allegedly infringing activity. If the counter-notice procedures specified by the DMCA are followed, the DMCA provides a safe harbor against monetary liability to the user on the part of the website operator for the take-down of the user’s allegedly infringing material. The counter-notification process is optional. Although the more complete protection against copyright claims arising out of user-posted content is available only if the counter-notification part of the process is offered, many clients decline to offer a counter-notice process on the theory that (1) failing to provide a counter-notification opportunity to users only affects liability to them, not to the copyright claimant, and (2) contractual terms can provide sufficient protection to the website operator against user claims relating to material removed or blocked from a website or other mobile offering. Whether or not to include a counter-notification process in a Copyright and Intellectual Property Policy should be considered on a case by case basis. Among other considerations are the questions of how “user-supportive” GTF wants to appear, how serious is the possibility of non-infringing challenging matter, and how high is the risk that GTF might be found ineligible for the safe harbor and therefore at risk for re-posting matter pursuant to the counter-notification procedure.
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 our Designated Copyright Agent (specified above) with the following information: