Last Modified: February 6, 2024
Fireside Chat Inc. (“Fireside”) takes the intellectual property rights of others seriously and requires that our Users do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement. If you (1) own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Fireside’s services, or (2) are the owner of the allegedly-infringing content and want to submit a DMCA Counter-Notice, please send the notice to Fireside Chat Inc., 1525 McCarthy Blvd. Suite 1157, Milpitas, CA 95035, Attn: Legal, with a copy to: firstname.lastname@example.org.
DMCA Notice Requirements
The Notice must include:
- A description of the copyrighted work or other intellectual property that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
- Your name, title (if acting as an agent), address, telephone number, and email address;
- The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright or intellectual property owner, its agent, or the law (e.g., as a fair use)”;
- The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or intellectual property owner, or authorized to act on behalf of the copyright or intellectual property owner, of an exclusive right that is allegedly infringed”; and
- An electronic or physical signature of the owner of the copyright or intellectual property, or a person authorized to act on the owner’s behalf.
We will review your submission and take whatever action we deem appropriate, including the removal of the challenged content. Furthermore, we may, in appropriate circumstances, disable access or terminate the account(s) of the reported User(s).
DMCA Counter-Notice Requirements
The DMCA Counter-Notice must include:
- Your name, title (if acting as an agent), physical address, email address, and telephone number;
- A reasonable identification of the material that has been removed or to which access has been disabled;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled”;
- The following statement: “I consent to the jurisdiction of the federal court located within the Northern District of California, and will accept service of process from the person who provided notification of the alleged infringement or an agent of such person;” and
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
We will review the Counter-Notice, and:
- If the Counter-Notice does not satisfy the DMCA requirements, we will request a revised notice; or
- If the Counter-Notice satisfies the DMCA requirements and is valid, we will forward the Counter-Notice to the person who filed the original takedown notice, advising them that the challenged content will be reinstated within 10-14 business days, unless we receive a notification that the copyright owner is seeking a court order regarding the alleged infringement.
How We Handle Repeat Infringement of Copyright
Fireside has adopted and implements a copyright repeat infringer policy under which we take action against users who have multiple copyright complaints lodged against their content within a given period of time. Copyright complaints will not count if the complaint is retracted or the content owner files a valid Counter Cotice.
Fireside may also at its sole discretion limit access to its services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.