Copyright Policy

We (Amplify, LLC, the owner and operator of Clipmarks™) respect the intellectual property rights of others, and we ask our users to do the same. Users must make their own determinations as to whether what they Clip, create or copy and how they share it violates anyone's rights, including copyright rights or any laws or any contractual or fiduciary relationship. Under the User Agreement, we may, in appropriate circumstances and at our discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others.

If you believe that your work has been Clipped, copied, framed or otherwise used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent for notice of claims of copyright or other intellectual property infringement under the Digital Millennium Copyright Act (DMCA) the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim infringes on the intellectual property and the location of such material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Our Copyright Agent can be reached as follows:

By Mail:
Amplify, LLC
156 West 56th Street, Suite 1803
New York, NY 10019
Attn: Eric Goldstein
By Phone: 212-582-2209
By Fax: 212-582-2364 (Attn: Eric Goldstein)
By Email: [email protected]

If we receive such a notification that complies or substantially complies with the DMCA, we reserve the right to refuse or to make private or delete the allegedly infringing Clip or other material in accordance with the User Agreement. If a Clip or Content has been placed off our server(s) (such as on a personal blog), we cannot make it private or delete it. We reserve our rights to take action against you if you misrepresent that a fair use constitutes infringement.

If we remove or make private any Clip, Content or other material, we may notify the user that created or posted the relevant Clip, Content or other material that it has removed or made private so that the user may make a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:

the user's electronic or physical signature;
identification of the Clip, Content or other material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
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;
the user's name, address and telephone number, and a statement that the user consent to the jurisdiction of the Federal District Court for any judicial district in which Amplify may be found and that you will accept service of process from the person who provided the initial notification of infringement.

Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed Clip, Content or other material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, we will replace the removed Clip, Content or other material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless our designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the Clip, Content or other material on the Site or our server.

Effective 2/2007