The Mission Blue website and service (the “Service”) is a community platform for igniting public support for the oceans and for marine protected areas The Service prohibit the infringement of the intellectual property rights of third parties (including without limitation copyright, trademark, and related rights). If you believe that a user of the Service has infringed your intellectual property rights, we encourage you to contact us using the procedure outlined below.
A. PROCEDURE FOR REPORTING INTELLECTUAL PROPERTY INFRINGEMENT:
It is our policy to (1) block access to or remove any content (including, without limitation, text, graphics, and photos; collectively, “Content”) that we believe in good faith to infringe the rights of third parties following receipt of a compliant notice; and (2) remove the account of, and discontinue service to, repeat infringers.
If you believe that Content residing on or accessible through the Service constitutes an infringement of your rights, or that your rights have been otherwise violated, please send a notice containing the following information to the Designated Agent listed below:
- Identification of the intellectual property right or other right that you claim has been infringed on or through the Service, including the registration number(s) for any such material, if applicable;
- Identification of the Content that you claim has infringed the identified copyrighted work or other right, including (a) a description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement, or that otherwise violates your rights, and (b) a description of where the material in question is located on or in the Service, with sufficient detail that we may verify the existence of the material within the Service (i.e., a URL to a Mission Blue webpage);
- Your contact information, including your full name, mailing address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted work or other property is not authorized by the rights holder, its agents, or the law;
- A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and
- An electronic or physical signature of the person authorized to act on behalf of the rights holder.
B. ONCE A PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:
It is our policy:
- to remove or disable access to the allegedly-infringing Content;
- to notify the user whose Content has been removed or disabled; and
- that we will terminate access to the Service for those users who repeatedly receive notices that Content they have posted infringes the rights of third parties.
C. PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the notified-user believes that the Content that was removed or to which access was disabled is either not infringing or is authorized (e.g., the user believes that he or she has the right to post and use such Content from the rights owner, the owner’s agent, or pursuant to the law (including as a fair use)), the notified-user must send a counter-notice containing the following information to the Designated Agent listed below:
- Identification of the Content that has been removed or disabled, including a description of the where the material in question appeared on the Service before it was removed or disabled (i.e., a URL to a Mission Blue webpage);
- A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked as a result of a mistake or misidentification of the Content in question;
- Your contact information, including full name, mailing address, telephone number, and email address;
- A statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of the alleged infringement;
- Your electronic or physical signature.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed Content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the member, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney’s fees.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:
Mr. Benjamin A. Costa
Ridder, Costa & Johnstone LLP
12 Geary Street
San Francisco, CA 94108