Notifying Vungle of Copyright Infringement

The notification process outlined here is consistent with the process outlined in the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf

If you believe that material on a Vungle-hosted site infringes your copyright, please send us written notification in the form outlined below. Only copyright owners can notify us of a suspected infringement. If you are not the copyright owner (or such owner’s authorized representative) you cannot report a suspected infringement to us. Under Section 512(f) of the Digital Millennium Copyright Act, you may be held liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on a website infringes a copyright. When in doubt, you should consult an attorney.

Please include the following information in your notification to us:

  1. Your name, mailing address, telephone number and email address.
  2. Sufficient detail about the copyrighted work you believe is being infringed.
  3. Sufficient detail about the material you believe is infringing upon such copyright, including the specific location on our site that contains the material that you believe infringes your copyright.
  4. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in your notice is accurate and that, under the penalty of perjury, you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
  6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

Please send your notice to our Copyright Agent at:

Attn: Legal Department, DMCA Complaint

Vungle, Inc.

1255 Battery St., Suite 500

San Francisco, California 94111

copyright@vungle.com

 

Vungle’s Response to Valid Notification

Upon receipt of a valid notification, we will work to identify the person who posted or provided the allegedly infringing material so that it may be removed.  As part of the identification and removal of any allegedly infringing material, Vungle will notify the individual who provided the allegedly infringing material and, if such individual requests, Vungle will provide them with a copy of the infringement notification you have provided us, though we will remove any of your personal information therein.  In appropriate circumstances, we may remove the allegedly infringing content.  Moreover, if we believe an individual is involved in repeat or egregious copyright infringement, we may also disable such individual’s accounts or otherwise prevent them from providing any content to our sites. Vungle will keep a record of alleged infringement notifications received and acted upon.

 

Responding to a Mistaken or Inappropriate Removal:

If you believe that your content was removed by mistake or inappropriately, you may send us a written notification (“Counter Notification”) which includes:

  1. Your name, mailing address, telephone number and email address.
  2. Sufficient detail about the material you believe was mistakenly or inappropriately removed, including the specific location on our sites at which the material appeared.
  3. A statement that:
  • you consent to the jurisdiction of the Federal District Court where you are located or San Francisco, CA if you are located outside the United States.
  • you will accept service of process from the person who provided Vungle with notification of infringement or an agent of such person.
  1. A statement under penalty of perjury that you have a good faith belief that the material in question was removed as a result of mistake or inappropriate identification of the material.
  2. Your physical or electronic signature.

You agree that we may notify the individual who notified us of alleged infringement of your Counter Notification and, if such individual requests, Vungle will provide them with a copy of the infringement notification you have provided us, though we will remove any of your personal information therein. We may restore the removed or disabled content following ten (10) business days from the date that we receive a proper written counter notification, unless our Copyright Agent receives notice within that time that a court action has been filed to restrain the alleged infringer from engaging in infringing activity related to the removed content.