Kinetic Audio Innovations, a California corporation, d/b/a “Lyrekos”, and its related companies (collectively, “Kinetic Audio”) respects the copyrights of others and expects its users to do the same. In compliance with the Digital Millennium Copyright Act as embodied in 17 U.S.C. 512 (the “DMCA”) (http://www.copyright.gov/title17/92chap5.html#512), Kinetic Audio will respond expeditiously to remove or disable access to material that is claimed to infringe copyrighted material or to be the subject of activity that infringes copyrighted material and was posted online using Kinetic Audio.
1. Overview
This Copyright Policy explains how Kinetic Audio handles claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that content posted through our Service infringes your copyright, please follow the procedures outlined below to submit a DMCA Notification. If your content has been removed in response to a DMCA Notification and you believe it was removed by mistake, you may submit a Counter Notification.
Please note: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.
2. DMCA Notification of Claimed Infringement
If you are a copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed, please notify Kinetic Audio of the material that is claimed to be infringing or to be the subject of infringing activity and was posted online using Kinetic Audio by completing a DMCA notification of claimed infringement (the “Notification”) and delivering it to Kinetic Audio's designated copyright agent (the “Copyright Agent”) as described below.
To be effective, the Notification must be a written communication provided to the Copyright Agent that includes substantially all of the following:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
2. 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 Kinetic Audio to locate the material;
3. Information reasonably sufficient to permit Kinetic Audio to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed; and
6. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.
Once completed, please deliver the Notification to the Copyright Agent at:
Mail:
Kinetic Audio Innovations
attn: Kinetic Audio Copyright Agent
19753 Via Escuela Drive
Saratoga, CA 95070
— OR —
Email: legal@kinetic.audio
Upon receipt of a valid Notification, Kinetic Audio will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
3. DMCA Counter Notification
If material you have posted online using Kinetic Audio has been removed or disabled in response to a DMCA Notification, Kinetic Audio will promptly forward the Notification to you and inform you that it has removed or disabled access to such material. If you own or control the rights to the material you posted online using Kinetic Audio and you believe that your material was removed or disabled by mistake or misidentification, you may send Kinetic Audio a DMCA Counter Notification (the “Counter Notification”) as described below.
To be effective, a DMCA Counter Notification must be a written communication provided to Kinetic Audio's Copyright Agent that includes substantially all of the following:
1. 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;
2. A statement under the penalty of perjury that you have 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;
3. Your name, address, and telephone number, AND a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Kinetic Audio may be found, and that you will accept service of process from the person who provided the DMCA Notification of claimed infringement (the "Claimant") or an agent of such person; and
4. Your physical or electronic signature.
Once completed, please deliver the Counter Notification to Kinetic Audio's Copyright Agent at:
Mail:
Kinetic Audio Innovations
attn: Kinetic Audio Copyright Agent
19753 Via Escuela Drive
Saratoga, CA 95070
— OR —
Email: legal@kinetic.audio
Upon receipt of a valid Counter Notification, Kinetic Audio will promptly forward it to the Claimant and inform the Claimant that Kinetic Audio will replace the removed material or cease disabling access to it unless the Claimant notifies Kinetic Audio's Copyright Agent within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity with regard to the material posted online by you using Kinetic Audio (the “Lawsuit”).
If Kinetic Audio receives notification that the Claimant has filed the Lawsuit, it will be unable to replace the removed material or cease disabling access to it.
If Kinetic Audio does not receive such notification, Kinetic Audio will replace the removed material or cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Kinetic Audio's Copyright Agent first receives notification that the Claimant has filed the Lawsuit.
Please note that when Kinetic Audio forwards the Counter Notification to the Claimant it will include your personal information. By submitting a Counter Notification, you consent to having your information revealed in this way. Kinetic Audio will not forward a Counter Notification to any party other than the Claimant.