Copyright

Aviary has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Aviary's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is Aviary's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Aviary Site or Service infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Aviary, Inc., Attn: Copyright Agent, 243 W 30th St, 11th Floor, New York NY 10001, Fax: 516-320-6007, containing the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Aviary is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once proper infringement notification is received by the Designated Agent, it is Aviary's policy to remove or disable access to the infringing Content and to notify the Content provider or User that it has removed or disabled access to the Content; that repeat offenders will have the infringing Content removed from the Service and that Aviary will terminate such content provider's or User's access to the Site and the Service.

In the event that Aviary notifies User that Aviary has received proper infringement notification about User's Content, User may elect to send Aviary a counter notice.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

The process for counter-notifications is governed by Section 512(g) of Digital Millennium Copyright Act:

To file a counter notification with Aviary, User must provide the following items to us in writing:

1. The specific URLs of material that Aviary has removed or to which Aviary has disabled access.
2. User's name, address, telephone number, and email address.
3. A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. User's signature.
6. Send the written communication to the following address:
   Aviary, Inc.
   243 W 30th St, 11th Floor
   New York, NY 10001
   Attn: DMCA Counter-Notification
   Tel: 516-620-9046
   Fax: 516-320-6007
   Email: legal@aviary.com

After we receive User's counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes User's personal information. By submitting a counter-notification, User consents to having User's information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Aviary. If we receive such notification we will not display, distribute or otherwise exploit the material. If we do not receive such notification, we may elect to do so.

Last Updated May 2011