eFind respects the Intellectual Property Rights of others and expects the people and businesses who use our Services to do the same. This policy explains how we respond to claims of copyright infringement under the United States Digital Millennium Copyright Act, how to send us a valid takedown notice, how to respond with a counter-notification, and what happens to accounts that repeatedly infringe.
Copyright protects the original creative work that fills the internet, including the text, images, video, audio, and code that flow through advertising. eFind builds technology that people can trust, and part of that trust is treating other people's creative work with the same respect we expect for our own. This policy sets out a clear, predictable, and legally sound process for handling copyright complaints so that a rights holder knows exactly how to reach us, so that a person accused of infringement knows exactly how to respond, and so that eFind can act quickly and fairly when Content that moves through the Services is claimed to infringe.
The Digital Millennium Copyright Act, which we refer to in this policy as the DMCA, gives online service providers a framework for responding to copyright complaints. When we receive a valid notice, we act on it. When we receive a valid counter-notification, we honor it. When someone abuses the process by making false claims, we treat that seriously too. This policy describes how each of those situations works in practice.
This policy applies to claims that Content available in or through the Services infringes a copyright, and it is our chosen process for receiving and acting on notices under the DMCA. It covers Advertiser Content, Publisher Content, and any other Content that appears in, is delivered through, or is linked to by the Services, including creative assets, Landing Pages, and material hosted on a Publisher Property that participates in the Publisher Network.
This policy is limited to copyright. Complaints about Trademarks, brand names, logos, and other confusingly similar marks follow a different route and are handled under the Trademark Policy, not this one. Complaints about content that violates our advertising or publishing rules, but that do not involve copyright, are handled under the Advertising Policies, the Publisher Policies, and the Acceptable Use Policy. If you are not sure which route fits your complaint, you may still contact us and we will direct it to the right process.
The DMCA is a law of the United States. eFind operates from the United States, and this policy describes the process we follow under United States law. We explain below how we handle notices that come from outside the United States or that raise questions under the copyright laws of other countries.
This policy applies to anyone who wants to report copyright infringement involving the Services, and to anyone whose Content may appear in or through the Services and could become the subject of such a report. That includes:
Advertisers and Publishers also agree to the copyright commitments in their respective agreements, and this policy works alongside those commitments rather than replacing them.
Capitalized terms used in this document, such as Advertiser, Publisher, User, Content, Intellectual Property Rights, and Services, have the meanings given in the Master Definitions. A few terms are specific to this policy and are used here as follows. A “notice” or “takedown notice” means a written notification of claimed copyright infringement that meets the requirements described below. A “counter-notification” means a written response that asks us to restore material that was removed or disabled in response to a notice. A “complaining party” is the person or organization that sends a takedown notice. A “subscriber” is the Advertiser, Publisher, User, or other Account holder whose Content is the subject of a notice. The “Designated Copyright Agent” is the contact that eFind designates to receive notices under this policy.
eFind takes copyright seriously as a matter of law and as a matter of values. We commit to the following:
This policy describes how we put those commitments into practice. It does not create rights beyond what Applicable Law provides, and nothing in it is legal advice. If you are unsure of your rights or obligations, you should consult your own attorney before sending a notice or a counter-notification.
If you own a copyright, or are authorized to act on behalf of the owner, and you believe in good faith that material available in or through the Services infringes that copyright, you may send us a takedown notice. To be valid and to allow us to act, your notice must include all of the required elements described in the next section. We encourage you to be as specific and complete as possible, because an incomplete notice may delay or prevent action, and we may ask you for more information.
Send your notice to our Designated Copyright Agent using the contact route below. Written notice by email or mail is the fastest way to reach the right team, and the phone number is available if you need to speak with us about the process. Please put “DMCA Notice” in the subject line or at the top of your letter so that it is routed correctly.
You may reach the eFind Designated Copyright Agent through any of the following. Written notice is strongly preferred so that we have a complete and dated record of your claim.
| Channel | Details |
|---|---|
| Designated Copyright Agent, eFind LLC, Office of Trust and Legal, 2451 West Grapevine Mills Circle, Suite 324, Grapevine, TX 76051, United States | |
| support@efind.com (put “DMCA Notice” in the subject line) | |
| Phone | 1-214-444-8126 (for questions about the process) |
Please use the Designated Copyright Agent route above only for copyright complaints and counter-notifications under this policy. General support questions, billing matters, and non-copyright complaints should go through the ordinary support channels so that copyright notices are not delayed.
Under the DMCA, a takedown notice must contain specific information before a service provider is obligated to act on it. To be effective, your written notice to our Designated Copyright Agent must include substantially all of the following:
If your notice is missing required elements, we may not be able to act on it, and we may return it to you or ask for the missing information. Sending a complete notice the first time is the fastest way to get a response. Do not send a notice unless you are the copyright owner or are authorized to act for the owner, and unless your claims are accurate. Please see the section on misrepresentation below.
When our Designated Copyright Agent receives a notice, we handle it through a defined process designed to be prompt, fair, and consistent. The steps below describe what a complaining party and a subscriber can expect.
We first review the notice to confirm that it includes the required elements and that it concerns copyright rather than a Trademark or other matter that belongs to a different process. We may contact the complaining party for clarification if the notice is unclear or incomplete. We do not adjudicate the underlying legal merits of a copyright dispute; our review confirms that the notice is proper and that we can locate the material it identifies.
If the notice is valid, we act expeditiously to remove the identified material or to disable access to it. Depending on where the material sits in the Services, this may mean pausing or disapproving an Advertisement, suspending a Campaign, disabling a Landing Page or link, removing Publisher Content that we host or serve, or otherwise blocking delivery of the claimed material through the Services. We remove or disable only the material that the notice properly identifies, and we take reasonable care not to disrupt unrelated Content.
We take reasonable steps to notify the subscriber whose Content was removed or disabled. That notice tells the subscriber what material was affected, that it was removed or disabled in response to a copyright complaint, and how the subscriber may submit a counter-notification if they believe the removal was a mistake or a misidentification. When we receive a valid counter-notification, we promptly forward a copy, including the subscriber's contact information, to the complaining party as described below.
We keep records of the notices and counter-notifications we receive and of the actions we take. We aim to acknowledge and act on valid notices promptly. Response times can vary with the volume and complexity of a claim, but we treat copyright notices as time-sensitive and prioritize them accordingly.
If your Content was removed or disabled in response to a takedown notice and you believe that removal was the result of a mistake or a misidentification of the material, you may submit a counter-notification. A counter-notification asks eFind to restore the material. Because a counter-notification has legal consequences, including the possibility that the complaining party may bring a lawsuit, you should be certain of your position and may wish to consult an attorney before you send one.
To be effective, your written counter-notification to our Designated Copyright Agent must include substantially all of the following:
When we receive a valid counter-notification, we promptly forward a copy to the complaining party and let them know that we will restore the removed material or cease disabling access to it within a defined period, unless the complaining party takes further action. Under the DMCA, that period is generally not less than ten and not more than fourteen business days after we receive the counter-notification.
If the complaining party notifies our Designated Copyright Agent within that period that it has filed a court action seeking to restrain the subscriber from engaging in the infringing activity relating to the material, we will not restore the material. If we do not receive that kind of notice within the period, we may restore the material or cease disabling access to it, in our discretion and where the law allows. Restoration through this process does not resolve the underlying dispute between the complaining party and the subscriber; it simply returns the parties to the point where they can pursue their rights directly.
Restoration under the counter-notification process addresses the DMCA obligations between eFind and the parties. It does not override our other policies. If the same material also violates the Advertising Policies, the Publisher Policies, the Acceptable Use Policy, or an Agreement for reasons unrelated to copyright, those rules still apply and may independently prevent the material from running.
eFind maintains and enforces a policy of terminating, in appropriate circumstances, the Accounts of subscribers who are repeat infringers. This is a requirement of the DMCA and a firm commitment on our part. Repeated infringement of the Intellectual Property Rights of others is a serious violation of this policy, of the Advertiser Agreement and Publisher Agreement, and of the trust on which the Services depend.
We assess repeat infringement based on the facts and circumstances, which may include the number of valid notices we receive that concern a subscriber, whether the subscriber submitted valid counter-notifications, the seriousness and pattern of the conduct, and any prior warnings. In appropriate circumstances we may take steps that include:
We may also take account of counter-notifications and of notices that are later withdrawn or shown to be invalid, so that a subscriber is not penalized for material that was removed in error. Where we terminate an Account for repeat infringement, we do so in a way that is consistent with the termination provisions of the applicable Agreement.
The takedown and counter-notification process is powerful, and it depends on honesty. The DMCA reflects this in Section 512(f), which provides that a 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, incurred by the party injured by the misrepresentation.
What this means in practice is straightforward. Do not send a takedown notice unless you actually own the copyright or are authorized to act for the owner, and unless you genuinely believe the material is infringing and unauthorized. Do not send a counter-notification unless you genuinely believe the material was removed by mistake or misidentification. Using this process to suppress lawful speech, to gain an advantage over a competitor, to harass another business, or for any purpose other than the good-faith protection of copyright is an abuse that the law and this policy both prohibit.
Submitting a false, bad-faith, or materially misrepresentative notice or counter-notification may expose you to legal liability under Section 512(f), and may lead eFind to reject your future submissions, disregard your claims, or take action against your Account. We may also share information about abusive submissions with the affected parties as the law allows.
This policy is one part of the eFind Trust Framework, and it works together with the agreements and policies that govern the Services. The following points explain how it fits with the documents you are most likely to encounter.
Advertisers promise in the Advertiser Agreement that they have the rights necessary to use the Advertiser Content they submit and that their Content does not infringe the Intellectual Property Rights of others. When a valid copyright notice concerns Advertiser Content, we act under this policy and the Advertiser remains responsible under the Advertiser Agreement. Copyright strikes and terminations under this policy are consistent with the Advertiser Agreement's provisions on Content, suspension, and termination.
Publishers promise in the Publisher Agreement that they have the rights necessary for the Publisher Content on their Publisher Properties and that they will not use the Publisher Network to infringe copyright. When a valid notice concerns Publisher Content or material on a Publisher Property in the Publisher Network, we act under this policy, and the Publisher Agreement governs the Publisher's obligations and the consequences of repeat infringement.
This policy handles copyright only. If your complaint is that an Advertisement, brand name, logo, or Landing Page uses a Trademark in a way that is confusing or unauthorized, that is a trademark matter, and it goes through the Trademark Policy rather than through this DMCA process. Sending a trademark complaint as a copyright notice will delay it, because we will need to redirect it to the correct process. When a single complaint raises both copyright and trademark issues, we may handle each part under the process that fits it.
Independent of copyright, Content must also comply with the Acceptable Use Policy, the Advertising Policies, and the Publisher Policies. Material that survives or bypasses the DMCA process may still be removed or restricted if it violates those rules. The removal of infringing material under this policy does not limit any other right or remedy eFind has under the Agreement or Applicable Law.
The DMCA is United States law, and this policy describes the process we follow under it. We welcome copyright complaints from rights holders anywhere in the world, and we will act on a valid notice regardless of where the complaining party is located. If you are outside the United States, you may use the same contact route and the same required elements described above.
Copyright is protected by the laws of many countries and by international treaties, and we recognize that a complaint may raise issues under a copyright regime other than that of the United States. Where a notice relies on the law of another country, we will consider it in good faith and respond in a manner consistent with Applicable Law and with our obligations as a United States service provider. The consent-to-jurisdiction and counter-notification mechanics described above follow the DMCA framework, which references United States federal courts; if your address is outside the United States, the counter-notification consent applies to any judicial district in which eFind may be found. Nothing in this policy waives any right or defense available to eFind, a complaining party, or a subscriber under the law of any jurisdiction.
We may update this policy from time to time to reflect changes in the law, in the Services, or in our process for handling copyright complaints. When we make a material change, we will post the updated policy on this page and, where appropriate, provide additional notice. The contact route for our Designated Copyright Agent will be kept current so that rights holders and subscribers can always reach the correct destination.
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