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Quick Guide What is the (DMCA)? Before You Start How to Submit Contact a human What is the (DMCA)? The Digital Millennium Copyright Act (DMCA) creates a standardized process for copyright holders (including software developers) to ask ClickFunnels to take down infringing content. You can find more information about the DMCA at the U.S. Copyright Office's official website. As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. Our guides are NOT legal advice and shouldn't be taken as such. Before You Start Tell the Truth.  The DMCA requires that you swear to the facts in your notice of infringement under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621). Submitting false information could also result in civil liability—that is, you could get sued for money damages. Investigate.  Millions of users and organizations pour their hearts and souls into the content they create using ClickFunnels. Filing a DMCA notice of infringement against such is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown request to make sure that the use isn't actually permissible. Ask Nicely First.  A great first step before sending us a takedown notice is to try contacting the user directly. No Bots.  You should have a trained professional evaluate the facts of every takedown notice you send. If you are outsourcing your efforts to a third party, make sure you know how they operate, and make sure they are not using automated bots to submit notices in bulk. These notices are often invalid and processing them results in needlessly taking down content. You May Receive a Counter Notice.  Any user affected by your takedown notice may decide to submit a counter notice. If they do, we will re-enable their content within 14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on ClickFunnels. ClickFunnels Isn't The Judge!  ClickFunnels exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury. How to Submit Your Notice and Counter Notice&nbsp. The fastest way to get a response is to enter your information and answer all of the questions on our takedown or counter notification form(s): Submit a DMCA Takedown Notice If someone else is using your copyrighted content in an unauthorized manner on ClickFunnels, fill out the form below to submit a DMCA takedown notice and request that the infringing content be changed or removed. Before you begin, please ensure that you can answer the requirements for DMCA counter notifications. &nbsp. &nbsp. Submit a DMCA takedown notice You can also send an email notification to compliance@clickfunnels.com. You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message. If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail. If you still wish to mail us your notice, our physical address is: Attention Legal Department DMCA Notice ClickFunnels 3443 W. Bavaria Street Eagle, Idaho 83616 By submitting a DMCA notice via our form, email, or physical mail, you acknowledge that a copy of your DMCA submission disclosing all information provided may be shared with the accused party. Submit a DMCA Counter Notice If you believe your content on ClickFunnels was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. Before you begin, please ensure that you can answer the requirements for DMCA counter notifications.&nbsp. Submit a DMCA counter notice You may also submit a counter notice by e-mail or physical mail, as set forth above. Fill out the form below by answering the following questions: 1.) Identify the copyrighted work you believe has been infringed. 2.) Identify the material that you allege is infringing the copyrighted work listed in item #1, above. 3.) Explain what the affected user would need to do in order to remedy the infringement. 4.) Provide your contact information. Include your email address, name, telephone number and physical address. 5.) Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration." 6.) Also include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed." 7.) Include your full legal name to act as electronic signature. 8.) Please confirm that you have read our policy for DMCA takedown requests. send request 1.) Identify the content that was disabled and the location where it appeared. The disabled content should have been identified by URL in the takedown notice. You simply need to copy the URL(s) that you want to challenge. 2.) Provide your contact information. Include your email address, name, telephone number, and physical address. 3.) Include 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 a mistake or misidentification of the material to be removed or disabled." You may also choose to communicate the reasons why you believe there was a mistake or misidentification. If you think of your counter notice as a "note" to the complaining party, this is a chance to explain why they should not take the next step and file a lawsuit in response. This is yet another reason to work with a lawyer when submitting a counter notice. 4.) Include the following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States), and I will accept service of process from the person who provided the DMCA notification or an agent of such person." 5.) Include your full legal name to act as electronic signature. send request Copyright 2023 - Etison LLC dba ClickFunnels - All Rights Reserved Working...