Intellectual Property Infringement Notification Policy

 

Intellectual Property Infringement Notification Policy

1. Reporting Copyright Infringement

1.1. DMCA Notice.

Linden Lab will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via a website, software, content, or download offered by Linden Lab (collectively, the "Service"), then you may send us a written notice that includes all of the following:

i. a subject line that says: "DMCA Copyright Infringement Notice";

ii. your complete contact information, including your full name, mailing address, telephone number, and email address;

iii. a description of the copyrighted work or works that you claim have been infringed;

iv. information reasonably sufficient to permit us to locate the specific allegedly infringing material on our site, including the URL where the content appears, or other means of identifying the allegedly infringing content with particularity;

v. a statement that you have a good faith belief that use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law;

vi. a statement under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the copyright owner); and,

vii. your physical or electronic signature (typing your full name will serve as your electronic signature).

Linden Lab will only respond to DMCA Notices that it receives by fax or mail at the contact information below:

By Mail:

Linden Research, Inc.
945 Battery Street
San Francisco, California 94111
Attention: Intellectual Property Team

By Fax: (415) 520-9660

If you are unsure whether you hold rights to a particular work, or whether the content you are reporting is infringing your legal rights, please consult an attorney before filing a DMCA Notice. Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys' fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing.

Linden Lab may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Linden Lab may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. If Linden Lab decides to remove or disable access to the material, we will notify the party that posted the material, provide them with access to the DMCA Notice, and provide information on how to file a DMCA Counter-Notice (as described below).

Please note that these notifications and the counter-notifications described below are real-world legal notices. Linden Lab may provide copies of such notices to the participants in the dispute or third parties, at our discretion and/or as required by law. Linden Lab's Privacy Policy does not protect information provided in these notices.

1.2. DMCA Counter-Notification.

If you receive a notification stating that material you submitted to Linden Lab is disabled or removed as a result of a DMCA Notice, and you believe that the material was disabled or removed as a result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above.

Your DMCA Counter-Notification should contain the following information:

i. a subject line that says: "DMCA Counter-Notification";

ii. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, including the URL where the content appeared, if possible, or other means of identifying where the allegedly infringing content appeared with particularity;

iii. 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;

iv. your complete contact information, including your full name, mailing address, telephone number, e-mail address, and the username of your Account;

v. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the United States, to the jurisdiction of the United States District Court for the Northern District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

vi. your physical or electronic signature (typing your full name will serve as your electronic signature).

Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys' fees incurred by us or our users, if you knowingly, materially misrepresent that material or activity was removed or disabled by mistake or misidentification.

Notwithstanding anything to the contrary contained in any portion of this Policy, the Terms of Service, or any other terms applicable to your use of the Service, Linden Lab reserves the right to take no action upon receipt of any DMCA Counter-Notification. If Linden Lab receives a DMCA Counter-Notification that complies with the terms of 17 U.S.C. § 512(g), then we may forward it to the person who filed the original DMCA Notice. In such circumstance, if Linden Lab does not receive notice from that person within 10 business days that they are seeking a court order to prevent further infringement of the material at issue, we may, in our sole discretion, replace or cease disabling access to the material that was removed.

Without limiting Linden Lab's other rights, Linden Lab will, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other property owned or operated by Linden Lab.

2. Procedure for Alleging Infringement of Other Intellectual Property

If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via a service offered by Linden Lab, then you may send us a written notice to one of the addresses set forth in Section 1 above that includes all of the following:

a. a subject line that says: "Intellectual Property Infringement Notice";

b. your complete information, including your full name, mailing address, telephone number, and email address;

c. a description of the intellectual property that you claim has been infringed and a copy of the corresponding USPTO registration;

d. information reasonably sufficient to permit us to locate the specific allegedly infringing material on our site, including the URL where the content appears, or other means of identifying the allegedly infringing content with particularity;

e. a statement that you have a good faith belief that use of the material in the manner asserted is not authorized by the owner of the intellectual property, its agent, or the law;

f. a statement under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property); and,

g. your physical or electronic signature (typing your full name will serve as your electronic signature).

Linden Lab may elect not to respond to intellectual property infringement notifications that do not substantially comply with all of the foregoing requirements, and Linden Lab may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with such requirements.

Please note that these notifications are real-world legal notices. Linden Lab may provide copies of such notices to the participants in the dispute or third parties, at our discretion and/or as required by law. Linden Lab's Privacy Policy does not protect information provided in these notices.

Effective: July 31, 2017