DMCA Policy

Digital Millennium Copyright Act Take Down Policy

SunSed is a firm believer in intellectual property rights, and all SunSed Apps and users are obligated to do the same thing. SunSed takes all copyright infringement claims of its users very seriously and reacts as quickly as possible. SunSed will, in appropriate circumstances, cancel the accounts of serial copyright infringers according to applicable laws (including but not limited to the Digital Millennium Copyright Act). We also have the right to cancel any account for real or perceived copyright infringement at our sole discretion.

This article is intended to provide an overview of the legislation and should not be construed as exhaustive. If you've got a DMCA takedown notice for your SunSed app, or if you're a rights holder wanting to issue one, this article should help you understand our procedures for dealing with copyright infringement claims. However, keep in mind that it is always preferable to speak with a legal specialist about your unique issues or case, as it is with all legal problems. The information in this article is not intended to be legal advice and should not be treated as such. Before taking any action that might jeopardize your rights, we highly advise you to speak with a professional.

Submitting a Takedown Notice

Sending an email to copyright@sunsed.com is the fastest approach to obtain a response from our team. Plain-text email notices arrive significantly quicker than PDF attachments or physical mail. However, if you like, you can attach your letter as PDF, but please also include a plain-text version in the body of your email.

As a copyright owner, you should submit a takedown notice to SunSed after completing an investigation, ensuring that the content hosted by SunSed is infringing and unauthorized and that you hold the copyright to the original work in question.

Please be aware that if you intentionally materially misrepresent that material or conduct of SunSed users or apps is infringing, you may be liable for any damages, including but not limited to any costs and attorneys' fees incurred by SunSed or our users, under applicable law (including 17 U.S.C. 512(f)).

Your notice must include the following information in order to submit a notice of claimed copyright infringement:

Identification of the allegedly infringed copyrighted work (e.g., a link to your original work or a detailed description of the items purportedly infringed on). This information is crucial because it allows the impacted user to evaluate your claim and compare your effort to their own. The kind of work you claim has been infringed on will determine the specificity of your identification. If you've already published your work, you might be able to simply link to it on a web page. You may describe it and explain that it is proprietary if it is proprietary and not publicized. You should provide the registration number if you have registered it with the Copyright Office.

Identify the content you believe infringes on your copyrighted work. It's critical to be as detailed as possible while identifying the infringing material. This identifier must be comprehensive enough for SunSed to identify and locate the content on the violators SunSed App. At the very least, you should give the URL of the content that is purportedly infringing on your copyright. Identify the exact file(s) or material that you believe infringes if you don't think the entire site is infringing. If you claim that all of the information at a URL infringes on your rights, please also be specific and explain in detail.

Please provide your contact information, including your full name, email, phone number, and address.

Please also include in detail how the alleged copyright violator can remedy the situation. When SunSed passes along the notice, the more detailed your remedy is, the better the user will be able to address the issue and remedy the situation.

Include the following statements;

  • “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.”
  • “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.”

Please also include your physical or electronic signature (It's sufficient to type your full name).

Receiving a Takedown notice

After receiving the notice from SunSed, you have approximately 24 hours to respond, remove or modify the infringed content, or your entire app will be taken down. If you have unintentionally missed the 24 hours window and contact SunSed, depending on the case and your reason for missing the window and by showing that you intend to comply, we will bring your app back online for another 24-hour window giving you another chance to remedy the copyright infringement.

Submitting a Counter-Notification

Sending an email to copyright@sunsed.com is the fastest approach to obtain a response from our team. Plain-text email notices arrive significantly quicker than PDF attachments or physical mail. However, if you like, you can attach your letter as PDF, but please also include a plain-text version in the body of your email.

You may send us a counter-notice if you think in good faith that a copyright infringement notice has been issued against you in error. SunSed will pass along your counter-notification to the party who submitted the original takedown notice. The notified party then has ten business days to notify SunSed that legal action has been initiated against the allegedly infringing material. We may re-enable your material and services after 10-14 days if we do not receive such notification within ten business days. Our counter-notice form, which may be obtained at the US Copyright Office's official website: http://www.copyright.gov, is consistent with the form specified by the DMCA legislation.

Please timely respond to our initial email notification of the takedown notice with the following details to file a counter-notice with SunSed:

Identification of the content that has been removed or to which access has been disabled, as well as the place where the item was last seen before it was deleted or access to it, was disabled (All you have to do is copy the URL(s) you wish to challenge, or the copyright notice's description will suffice)

Please provide your contact information, including your full name, email, phone number, and address.

Include the following statements;

  • “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.”
  • “I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the United States District Court for the Southern District of California where SunSed is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person.”

Please also include your physical or electronic signature (It's sufficient to type your full name).

Please note that we reserve the right to update our DMCA policy without prior notice, so please check this policy from time to time to ensure you are aware of our latest policies regarding our copyright infringement claims.

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