Copyright Policy

Last revised: January 18, 2019

Deepdrive Kabushiki Kaisha, a Japanese kabushiki kaisha corporation, or its affiliates (collectively, “Company”, “us”, “our”, and “we”) has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Copyright Treaty and the Performances and Phonograms Treaty, both adopted by the members of the World Intellectual Property Organization (“WIPO”). Each member of WIPO has its own laws to ratify these treaties and we and any user may be subject to additional applicable laws in the relevant jurisdictions.

In addition to any remedial measures we are entitled to take, we may, in our sole discretion and at any time (a) disable access to or remove any materials that, in our reasonable determination, is unlawfully infringing in any manner Intellectual Property rights of any third party, including our affiliates, partners, independent contractors or service providers or other users, Guest Users or Artist Users; and (b) terminate an Account or discontinue the access to the Site or the provision of the Services for a user who is a repeated infringer of Intellectual Property rights.

We do not take the above measures lightly and it is very unlikely that we terminate an Account for a user unless we receive legitimate notifications of such user’s infringement more than once (materials, activities or otherwise).

1. Your Notification Procedure

If you believe that any person (including another user, Guest User, Artist User or content provider) is, through the use of the Site (including on or accessible through the Site) or the Services, unlawfully infringing the copyright(s) or Trademark(s) of any other person (each, an “Infringement Claim”), and wish to have the allegedly infringing material removed or want the Company to take any other remedial measures, please contact us at support@deepdrive.com with the following information in the form of a written notification:

• your physical or electronic signature;
• identification of the copyrighted or trademarked work material(s) / activities that you claim to have infringed Intellectual Property rights of others;
• identification of the material(s) / activities on the Site or the Services that you claim is infringing and that you request us to remove or disable access to;
• sufficient information to permit us to locate such material(s) / activities (Providing URLs in the body of your email is most preferable);
• your full name, address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material(s) / activities are not authorized by the copyright owner (or the Trademark owner), its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright (or the Trademark ) that has allegedly been infringed or that you are authorized to act on behalf of the copyright (or the Trademark owner) owner.

You acknowledge and agree that Company has no way of verifying your Infringement Claim and you will be solely and entirely responsible for your Infringement Claim. If you misrepresent, mislead or falsify any material fact in a written notification, you shall be automatically and solely liable for any and all damages, costs (including attorney’s fees) and losses incurred by us or any third party, relating to or in connection with your Infringement Claim and any other contents of your written notification.

2. Our Measures

If we determine that a notification for an Infringement Claim has followed the requirements set forth above, we forward a copy of the Infringement Claim to a person responsible for the alleged infringing material(s) or activities.

In addition, we may take the following measures temporarily until and unless a counterclaim is made and the issue is resolved:

• disable access to or remove the infringing material specified in the Infringement Claim;
• terminate an Account or discontinue the access to the Site or the provision of the Services for a user who is a repeated infringer and remove all the contents available on the Site or the Services; and/or
• notify such user that we have disabled access to or removed the material based on the notification of the Infringement Claim (without identifying the person who made the Infringement Claim.

3. Procedure for Counterclaims

If you claim that (a) a material that was removed or to which access was disabled due to our action above is not infringing any Intellectual Property rights, or (b) you have the legal authority or right to use such material as the owner, as granted from the owner or the owner’s agent, by operation of law or otherwise, you should send a counterclaim (each, a “Counterclaim”) to us at support@deepdrive.com containing the following information in the form of a written notification:

• your physical or electronic signature;
• identification of the copyrighted or trademarked work material(s) / activities that have been removed or to which access have been disabled;
• sufficient information to permit us to locate such material(s) / activities;
• your full name, address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the material(s) / activities were removed or to which access were disabled as a result of a mistake, a misidentification of the material(s) / activities or misrepresentation in the original claim; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright (or the Trademark) that has allegedly been infringed or that you are authorized to act on behalf of the copyright (or the Trademark) owner.

If we determine that a notification for a Counterclaim has followed the requirements set forth above, we will, within fifteen (15) days from the receipt of the Counterclaim, notify the person who originally made the relevant Infringement Claim to which the Counterclaim is addressed that we may, in our reasonable determination, reinstate the removed materials or cease to disable access to the materials. If we reasonably determine that the Counterclaim has a legal claim, we may, in our sole discretion at any time, reinstate the removed materials or cease to disable access to the materials on the Site or the Services.