Notice and Takedown Procedure
Anyone using this website (“User”) shall be subject to this Notice and Takedown Procedure.
All Users must comply with applicable copyright laws when publishing content or linking to content on another site (“User Content”). If EverOut receives proper notice of copyright infringement, as set forth below (“Notice of Alleged Infringement”), we will remove or disable access to such allegedly infringing User Content.
If we remove or disable access to any User Content in response to a Notice of Alleged Infringement, we will attempt to contact the User so that the User may make a counter notification refuting the Notice of Alleged Infringement (“Counter Notification”).
Notice of Alleged Infringement should be provided to EverOut’s designated agent:
Physical Mail: 800 Maynard Ave S, Suite 200, Seattle, WA 98134
Notice of Alleged Infringement
If you believe that your copyrighted work or other intellectual property right has been infringed, please provide EverOut’s Designated Agent the following information in a written communication:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EverOut to locate the material;
- Information reasonably sufficient to permit EverOut to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- 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”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorney’s fees) if you misrepresent that material infringes a copyright.
The User who provided content subject to a Notice of Alleged Infringement may make a Counter Notification to EverOut. Please provide EverOut’s Registered Agent the following information in a written communication:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of the Federal District Court for the [insert the federal judicial district in which your address is located],” or, if you are outside the United States, the following statement: “I consent to the jurisdiction of the Federal District Court for the Western District of Washington”;
- The following statement: “I will accept service of process from the person who provided the Notice of Alleged Infringement or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the challenged material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of a Counter Notification, EverOut will promptly provide the person who provided the Notice of Alleged Infringement with a copy of the Counter Notification. EverOut will replace the removed material and cease disabling access to it not less than 10 business days following receipt of the Counter Notification, unless our Designated Agent first receives notice from the person who submitted the Notice of Alleged Infringement that such person has filed a lawsuit seeking a court order to restrain the posting of the allegedly infringing material on our system or network.
EverOut reserves the right to disable and/or terminate the accounts of Users who are repeat infringers.