How to file a complaint regarding content published through AdEspresso\u2019s Services<\/b><\/p>\n
Effective date: September 15, 2023<\/span><\/em><\/p>\n AdEspresso respects the intellectual property rights of others and wishes to offer Services which contain no content that violates those rights. Our Terms of Service, published at https:\/\/adespresso.com\/tos\/ (\u201cTerms of Service\u201d), require that information posted by users be accurate, lawful and not in violation of the rights of third parties. AdEspresso has adopted this Copyright Policy (\u201cPolicy\u201d) to explain to AdEspresso users and third parties their rights and responsibilities regarding copyright of the user content uploaded through our Services and the actions that AdEspresso will take in response to copyright complaints.<\/span><\/p>\n It is AdEspresso\u2019s policy, in appropriate circumstances and at our discretion, to disable and\/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.<\/span><\/p>\n The process outlined in this Policy is designed to be consistent with the process mandated by the Digital Millennium Copyright Act of 1998 (the \u201cDMCA\u201d) (the text of which can be found on the U.S. Copyright Office website at http:\/\/www.copyright.gov\/legislation\/dmca.pdf). AdEspresso will respond expeditiously to claims of copyright infringement committed using the AdEspresso websites (together, the \u201cSite\u201d) that are reported to AdEspresso\u2019s Designated Agent (as defined below). Remember that your use of AdEspresso\u2019s Services is at all times subject to the Terms of Service, which incorporate this Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.<\/span><\/p>\n Who can report copyright infringement?<\/b><\/p>\n AdEspresso wants to ensure that we are doing the right thing when we are asked to remove content from our Services. Only copyright owners, or those authorized to act on behalf of copyright owners, can report a suspected infringement to AdEspresso. Therefore, you cannot report a suspected infringement if you are not the copyright owner (or an authorized representative). Please be aware that you may be liable for damages, including costs and attorneys\u2019 fees incurred by AdEspresso, if you knowingly materially misrepresent that content published through the Services is infringing your copyright. When in doubt, you should consult an attorney. If you do conclude that your copyrights are being infringed, you can follow the process outlined in this Policy to report it to us. We also strongly encourage you to contact the user directly.<\/span><\/p>\n Procedure for reporting copyright infringement<\/b><\/p>\n If you are a copyright owner, are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please send a notice of the copyright infringement allegedly taking place on or through the Site (a \u201cNotice\u201d) containing the following information to AdEspresso\u2019s designated agent for the receipt of Notices (our \u201cDesignated Agent\u201d, whose contact details are listed below). Upon receipt of the Notice as described below, AdEspresso will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged materials or content from the Site:<\/span><\/p>\n \u201cI hereby state that I have a good faith belief that the disputed use of the copyrighted content is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).\u201d<\/span><\/p>\n \u201cI hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.\u201d<\/span><\/p>\n Where to send your Notice?<\/b><\/p>\n Your Notice with all items completed will need to be delivered to AdEspresso\u2019s Designated Agent at the following address:<\/span><\/p>\n Copyright Agent\/Legal Services What happens once your Notice is filed?<\/b><\/p>\n Once a proper written Notice is received, AdEspresso will proceed to:<\/span><\/p>\n Please note that a copy of the Notice (including your personal information) may be provided to the user who provided the allegedly infringing content. Please also note that AdEspresso acts as a conduit between our users and the various Advertising Platforms. In several instances, the content published via AdEspresso will not be in AdEspresso\u2019s custody or control. If the allegedly infringing content falls into that category, AdEspresso will inform you in writing, and will encourage you to contact the Advertising Platform(s) on which such content has been published. In the case of AdEspresso users who may repeatedly infringe the copyrights of AdEspresso or others, AdEspresso may terminate the accounts of such users and\/or ban such users from accessing our Services, at AdEspresso\u2019s sole discretion.<\/span><\/p>\n Procedure to supply a Counter-Notice (restoring removed content)<\/b><\/p>\n If your content has been removed by AdEspresso, and you believe that the content that was removed (or to which access was disabled) is not infringing, or you believe that you have the authorization to post and use such content from the copyright owner, or the copyright owner\u2019s agent, or pursuant to the law, you may send AdEspresso a counter-notice (\u201cCounter-Notice\u201d), pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA, to the address of the Designated Agent listed above. Your Counter-Notice must contain the following information:<\/span><\/p>\n <\/p>\n Once a proper Counter-Notice is received, AdEspresso may send a copy of the Counter-Notice, including your contact information, to the original complaining party. If we provide your Counter-Notice to the complaining party and we do not receive notice that the complaining party has filed an action seeking a court order to restrain the infringing activity, AdEspresso may replace or cease disabling access to the removed content or link. This process can take up to 14 business days after receipt of the Counter-Notice.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"\n
\nc\/o AdEspresso LLC
\n<\/span>111 East 5th Avenue
\nVancouver, BC, V5T 4L1
\nCanada
\nlegal@hootsuite.com
\ntel: 604.681.4668
\nfax: 888.412.0295<\/p>\n\n
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