Policies

DLVR, Inc. (“DLVR”) supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, DLVR is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Copyright and Trademark Claims 

1. To notify DLVR that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.

2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).

A. Trademark Claims 

1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), DLVR requests that the Complaining Party substantiate such claim via email to trademarkclaims@DLVR.com.  The words “Trademark Claim” should appear in the subject line of the email.

To be considered effective, a notification of a claimed trademark violation must include the following information:

• The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
• The jurisdiction or geographical area to which the mark applies.
• The name, post office address and telephone number of the owner of the mark identified above.
• The goods and/or services covered by or offered under the mark identified above.
• The date of first use of the mark identified above.
• The date of first use in interstate commerce of the mark identified above.
• A description of the manner in which the Complaining Party believes its mark is being infringed upon.
• Sufficient evidence that the owner of the website that is claimed to be infringing is a DLVR customer.
• The precise location of the infringing mark, including electronic mail address, etc.
• A good faith certification, signed under penalty of perjury, stating:
  1. The content of the website [identify website] infringes the rights of another party,
  2. The name of such said party,
  3. The mark [identify mark] being infringed, and
  4. That use of the content of the website claimed to be infringing at issue is not defensible.

2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, DLVR will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While DLVR is investigating the claim, DLVR, at its sole discretion and without any legal obligation to do so, may temporarily remove or deny access to the allegedly infringing material.

3. If DLVR concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, deny access to the allegedly infringing material. If DLVR concludes that the Complaining Party has not raised a legitimate claim, DLVR will restore access to the allegedly infringing material.

B. Copyright Claims 

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, DLVR requests that the Complaining Party substantiate such claim via email to copyrightclaims@DLVR.com.  The words “Copyright Claim” should appear in the subject line of the email.

To be considered effective, a notification of a claimed copyright infringement must be provided to DLVR and must include the following information:

1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
2. Identification of the copyrighted work claimed 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 on that site.
3. 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 DLVR to locate the material.
4. Information reasonably sufficient to permit DLVR to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
5. A statement that the Complaining Party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, DLVR will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While DLVR is investigating the claim, DLVR, at its sole discretion and without any legal obligation to do so, may temporarily remove or deny access to the allegedly infringing material.

3. If DLVR concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to deny access to the allegedly infringing material. If DLVR concludes that the Complaining Party has not raised a legitimate claim, DLVR will restore access to the allegedly infringing material.

C. Counter Notification Policy

1. Counter Notification. If you have received a notice of copyright or trademark infringement that you wish to challenge based on 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, you may provide Counter Notification by emailing copyrightclaims@DLVR.com or trademarkclaims@DLVR.com and including the following:

1. An electronic signature of the alleged infringer.
2. 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.
3. A statement under penalty of perjury that the alleged infringer 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.
4. The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Delaware, or if the alleged infringer’s address is outside of the United States, for any judicial district in which DLVR may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.

2. Upon receipt of a Counter Notification as described in Section 1 above, DLVR shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. DLVR will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless DLVR first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on DLVR’s system or network.