Infringement Notice and Takedown Policy
Last Updated:
August 1, 2020
Circle
Internet Services, Inc. dba CircleCI, (hereafter, “CircleCI”) respects the
rights of copyright holders and abides by the federal Digital Millennium Copyright Act (“DMCA”) and similar regulations in other
jurisdictions by responding to written notifications of alleged infringement by
copyright holders. As part of our response, we may remove or disable access to
allegedly infringing material residing on our websites or within our Service
(collectively, the "Services”). This Copyright Infringement Notice and
Takedown Policy ("Policy”) supplements, and is incorporated into,
CircleCI’s Software as a Service Subscription Agreement (currently published
at https://circleci.com/terms-of-service/ (the “SaaS Agreement”); CircleCI’s On-Premise
Enterprise Terms and Conditions (currently published at https://circleci.com/legal/enterprise-license-agreement/); and CircleCI’s Acceptable Use Policy (currently
published at https://circleci.com/legal/acceptable-use/). In the event of any conflict or inconsistency among
the following documents, and, except as otherwise expressly set forth in an
Order Form and/or signed agreement between the parties, the order of precedence
shall be (1) this Policy, and (2) the SaaS Agreement.
Reporting Instances of Copyright Infringement
If you believe that any content
residing or accessible on or through the Services infringes your copyright,
please send a notice of copyright infringement containing the following
information to our Copyright Agent at the address below:
-
Identification
of the work or material you allege has been infringed;
-
Identification
of the material that is claimed to be infringing, including its location
within the Services, with sufficient detail so that we are capable of
finding it and verifying its existence;
-
Your
contact information, including your name, address, telephone number, and
email address;
-
If you
are not the copyright owner, a description of your relationship to the
copyright holder;
-
A
statement that you have a good faith belief that the use of the material
is not authorized by the copyright owner, its agent, or law;
-
A
statement made under penalty of perjury that the information provided in
the notice is accurate and that you are authorized to make the complaint
on behalf of the copyright owner; and
-
A
physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright that has been allegedly infringed.
Please also note that the
information provided in a notice of copyright infringement may be forwarded to
the user who posted the allegedly infringing content. Additionally, under
Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone
who knowingly misrepresents that material or activity is infringing may be
liable for damages and attorneys’ fees incurred by the alleged infringer or by
CircleCI.
Our Response to a Copyright Infringement Notification
Following receipt of a proper written
notification, CircleCI will promptly remove or disable access to the allegedly
infringing content. We shall also (1) notify the user who posted the allegedly
infringing material that we have removed the material or disabled access to it;
and (2) provide the user with a copy of the copyright infringement
notification. We may suspend or terminate access to the Services of users that
repeatedly or egregiously infringe the copyrights of others.
Submitting a DMCA Counter-Notification
If you believe your content was
removed or disabled by mistake or misidentification, you may send us a
counter-notification that includes the following information:
-
Identification
of the material that has been removed or to which access has been
disabled, and the location at which the material appeared in the Services
before it was removed or access was disabled;
-
Your
contact information including your name, address, telephone number, and
email address;
-
A
statement that you consent to the jurisdiction of the U.S. Federal District
Court for the judicial district in which you are located (or the U.S.
District Court for the Northern District of California located in San
Francisco, California if your address is outside of the United States),
and that you shall accept service of process from the person who provided
the notification of infringement or an agent of such person;
-
A
statement that you swear, under penalty of perjury, that you have a good
faith belief that the material was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled;
and
-
Your
physical or electronic signature.
Please note that under Section
512(f) of the DMCA and similar regulations in other jurisdictions, any person
who knowingly misrepresents that material or activity was removed or disabled
by mistake or misidentification may be subject to liability.
Upon receipt of a valid
counter-notification, we shall forward it to the person who submitted the
infringement notification. The person who submitted the infringement
notification (or the copyright holder they represent) shall then have ten (10)
days to notify us that they have filed legal action relating to the allegedly
infringing material. If we do not receive any such notification within ten (10)
days, we may restore the material to the Services.
Repeat Infringer Policy
In accordance with the DMCA and
other applicable law, we have adopted a policy of terminating access to the
Services for any users who, in our sole discretion, are deemed to be repeat
infringers. We may also and at our sole discretion limit and/or terminate
access to the Services of any users who infringe any intellectual property
rights of others, whether or not there is any repeat infringement.
