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DMCA/Trademark Policy

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Skip to Main ContentSkip to Main ContentGlitch LogoDiscoverBlogPricingLog inSign upGlitch LogoLog inSign upDiscoverBlogPricingSearchSectionsTerms of ServicePrivacy PolicyDMCA/TrademarkData Processing TermsWe've Updated our DMCA/Trademark Policy! We've updated our legal section, which includes our Terms of Service, Privacy Statement, and DMCA/Trademark Policy. You might think it’s the boring stuff, but it’s important! We designed Glitch to be friendly, safe, and open, and with that comes a whole lotta legal language aimed at ensuring you can trust us with your data and code. We clarified our policies on DMCA takedown requests and trademark infringement claims.DMCA Takedown PolicyCopyright InfringementThere are a number of actions you can take if you believe content available through our Services infringes your copyright. But before pursuing any course of action, you should conduct an initial investigation to confirm a) you own the copyright to an original work and b) that the content on our Services is unauthorized and infringing. Be sure to consider whether fair use, fair dealing, or similar exceptions to copyright apply to your situation. There are also a number of actions you can take if you believe content you posted on our Services has been removed or disabled by mistake or misidentification. But before pursuing any course of action, you should conduct a thorough investigation into the allegations made against your use of the content. If you have questions about copyright ownership, copyright infringement, or your particular situation, we encourage you to reach out to professionals. Nothing in this document should be construed as legal advice. Please also know that only copyright owners, or authorized representatives of the owner, can report suspected copyright infringement to us. If you believe any content available through our Services infringes another party’s copyright, you should reach out to that copyright owner directly.COPYRIGHT OWNERSCourses of Action for Claiming Copyright Infringement<ol> <li>Contact the user directly. We strongly encourage this course of action. Often times, these matters can be resolved quickly between you and the user without third party intervention.</li> <li>Ask us to intervene on your behalf. If the matter is not adequately resolved after contacting the user, or if you rather not communicate directly with the user, let us know and we can contact the user on your behalf. We’ll gather information about your claim and contact the user about your claim and request to have the offending material removed. The user will be given five business days to challenge your claim. In the absence of a response, we’ll take the offending content down. If the offending material is removed by the user, we’ll notify you and take no further action. If the user challenges your claim, we’ll inform you that you may have to take more aggressive action, like file a DMCA takedown notice.</li> <li>Submit a DMCA takedown notice. If your matter wasn’t adequately resolved after pursuing one or both of the above courses of action, or if you’d rather bypass the first two options entirely, you can submit a DMCA takedown notice to us pursuant to the Digital Millennium Copyright Act (the DMCA). Be mindful that by filing a DMCA takedown notice, you are starting a formal legal process. DO NOT MAKE FALSE CLAIMS. Misuse of this process may result in the suspension/deletion of your account and/or other legal consequences. You may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on a website is copyright infringing. If you have questions or doubts about this process or your situation, you should consult with a legal professional before deciding to pursue this course of action.</li> </ol>Putting your DMCA Takedown Notice TogetherThe law requires you provide us certain information before we can process your notice under the DMCA. Your DMCA takedown notice needs to contain the following details: <ol> <li>Your name, mailing address, telephone number, and email address.</li> <li>Sufficient detail about the copyrighted work that you claim has been infringed.</li> <li>The URL or other specific location on our websites that contain the material you claim infringes your copyright.</li> <li>Any contact information you have for the alleged infringer.</li> <li>A statement by you stating that you, in good faith, believe that the disputed use is not authorized by the copyright owner, its agent, or the law (e.g., “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I have taken fair use into consideration.”).</li> <li>A statement by you stating that the information contained in the notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on behalf of the copyright owner (e.g., “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.”).</li> <li>An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.</li> </ol>How to Submit a DMCA Takedown NoticeYour notice can be sent to our copyright agent at:Glitch, Inc. Attn:DMCA Complaint 228 Park Avenue South, Suite 52723 New York, NY 10003-1502 866-364-2733 dmca@glitch.comIf you are concerned about your contact information being shared, you may opt to submit your request through an agent. Your agent will be required to submit the DMCA notice with valid contact information and identify you as the content owner that they are representingWhat Happens After a DMCA Takedown Request is SubmittedYour notice will be reviewed for accuracy, validity, and completeness. If your notice satisfies these requirements, we will take action on your request. This means that we will, as quickly as possible, remove or disable the allegedly infringing material. We will document the alleged infringements on which we act. We will also forward a full copy of your notice (including your name, address, phone number, and email address) to the user(s) who posted the allegedly infringing material. If the alleged infringer does not respond to your DMCA notice, we will consider the matter resolved. Likewise, we will consider the matter resolved if you retract your complaint. However, if the alleged infringer submits a valid DMCA counter-notice, we will notify you, and you will have 10 business days to a) notify us that you are seeking a court order to prevent further infringement of the material at issue and b) provide a copy of a valid legal complaint filed in a court of competent jurisdiction. If we do not receive this notice within the designated time frame, we will restore the material at issue.ALLEGED COPYRIGHT INFRINGERSPossible Restoration of Removed ContentRetractionIf you believe that your content was removed or disabled by mistake or misidentification, you may seek a retraction of the copyright complaint directly from the complainant. This is the fastest and most efficient way to resolve a copyright dispute. The complainant can send retractions to dmca@glitch.com. These retractions should: (1) identify the material that was removed or disabled and (2) state that the complainant would like to retract the DMCA notice.Counter-Notice ProcessIf you believe that your content was removed or disabled by mistake or misidentification, you may also send us a written counter-notice. Please know that a counter-notice is a legal statement. you should engage in a thorough investigation into the allegations made in the DMCA takedown notice before submitting a counter-notice. We also encourage you to consult with a legal professional if you have questions about your disabled/removed content or the counter-notice process. Please be aware that if you knowingly materially misrepresent that material or activity on the website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. If you decide to submit a counter-notice, the counter-notice must include the following information: <ol> <li>Your name, mailing address, and telephone number.</li> <li>Identification of the material that has been removed or disabled and the URL or other specific location on our websites at which the material appeared before it was removed or disabled.</li> <li>A statement under 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.</li> <li>A statement stating that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, the Southern District of New York where Glitch, Inc. is located, and you will accept service of process from the person who provided the DMCA notification or an agent of such person.</li> <li>A physical or electronic signature.</li> </ol>How to Submit a DMCA Counter NoticeYour counter notice can be sent to our copyright agent at:Glitch, Inc. Attn:DMCA Complaint 228 Park Avenue South, Suite 52723 New York, NY 10003-1502 866-364-2733 dmca@glitch.comUpon receipt of a valid counter-notice, we’ll forward a copy of it to the person who filed the original notice. If you are concerned about your contact information being shared, you may opt to submit your counter-notice through an agent. Your agent will be required to submit the DMCA counter-notice with valid contact information and identify you as the content owner who the agent is representing.What Happens After a DMCA Counter-Notice is SubmittedIf the original filer disagrees that the alleged offending material was removed in error or misidentified, they may pursue legal action against you. If we do not receive notice within 10 business days from the date the original filer receives the counter-notice that he or she is seeking a court order to prevent further infringement of the material at issue, we will replace or cease disabling access to the offending material.Trademark InfringementUnlike with copyright claims of infringement and the DMCA, there is no federal trademark statute that provides a clear procedure on how to deal with claims of trademark infringement. Regardless, we still take these allegations seriously. If you are a trademark owner, or agent of the owner, and you have a good faith belief that content available through our Services infringes on one or more of your trademarks, you should make an effort to directly contact the offending third party before submitting a trademark infringement report to us.  Often times, these matters can be resolved quickly without third party intervention. If the matter is not adequately resolved, or if you rather not communicate directly with the user, please inform us in writing at:Glitch, Inc. Attn:Trademark Notice 228 Park Avenue South, Suite 52723 New York, NY 10003-1502 866-364-2733 trademark@glitch.comYour notice must include: <ol> <li>Your name, mailing address, telephone number, and email address.</li> <li>Sufficient detail about the trademarked work, including a list of goods and/or services for which the trademark is registered and the length of time you have been using the trademark on those goods and services.</li> <li>The countries or territories in which the trademark is registered.</li> <li>The United States Patent and Trademark Office (or similar foreign entity) registration number of the mark(s).</li> <li>Sufficient detail about the material claimed to be infringing, including each URL or other specific location on our websites where you claim your trademark appears.</li> <li>A statement of why you believe your trademark rights have been infringed.</li> <li>Any contact information you have for the alleged infringer.</li> <li>A statement by you stating that you have a good faith belief that use of the trademark in the manner complained of is an infringement of the rights granted to you under United States or foreign trademark law.</li> <li>A statement by you stating that the information contained in the notice is accurate and that you attest, under the penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed trademark.</li> <li>An electronic or physical signature of the owner of the trademark(s) or a person authorized to act on the owner’s behalf.</li> </ol> Once you submit your trademark notice to us, we will determine whether you provided all the required elements.  If so, we will begin an investigation and will take action that we deem appropriate under the circumstances. This may include suspension and/or deletion of accounts, usernames, content, and applications.  If action is taken, please note that we will forward your claim to the alleged infringer. We will also forward your contact information and notice of what action was taken. Please also note that we are not in a position to adjudicate complicated trademark disputes between third parties.  We cannot act on claims that require complex legal analysis or factual investigation. Once again, we encourage you to reach out to the alleged infringing party before pursuing a trademark infringement claim with us. Finally, if your notice is missing information or does not state a claim, we will let you know.  You may be allowed to resubmit. 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