Reporting Copyright and Trademark Violations
Effective starting: February 1, 2019
Cynaptx respects the rights of copyright and trademark holders, as described in this policy. This policy is incorporated by reference into the Cynaptx Cloud Terms of Service (the “Agreement”). Terms used in this policy shall have the same definitions as in the Agreement or our Acceptable Use Policy, as applicable, except where otherwise noted.
Cynaptx does not allow copyright infringing activities on Cynaptx’s Cloud Products or websites (our “Services”). We will remove a party’s data or content from our Services if properly notified that such data or content infringes on another’s copyright rights. Cynaptx has a policy of terminating, in appropriate circumstances, the accounts of parties who repeatedly infringe copyright holders’ copyrights. You are a “repeat infringer” if, on more than two occasions, you have been notified of infringing activity or have had Your Data or content removed from our Services. Cynaptx also reserves the right to terminate Your accounts suspected of infringing copyrights upon the first incident without further notice, at our sole discretion.
If you believe that any content in our Services violates your copyright, you should notify Cynaptx’s copyright agent in writing pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). The contact information for Cynaptx’s copyright agent is at the bottom of this section.
In order for Cynaptx to take action, you must do the following in your notice:
(1) provide your physical or electronic signature;
(2) identify the copyrighted work that you believe is being infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works;
(3) identify the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that Cynaptx can find it (such as the item’s URL);
(4) provide Cynaptx with a way to contact you (such as address, telephone number, or email);
(5) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Empyra; and
(6) provide a statement that the information you provide in your notice is
- accurate, and that
- under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.
We will promptly notify the alleged infringer that you have claimed ownership of the rights in this content and that we have complied with your takedown notice for the content.
Here is the contact information for Empyra’s copyright agent:
8801 Royal Ridge Parkway, Suite 160,
Irving TX 75063
Attn: Copyright Agent
Trademark owners should make an effort to directly contact an offending third party before submitting a trademark infringement report to Empyra.
If you are a trademark owner and you believe in good faith that any content on our Services or infringes on your trademark rights, please inform us in writing firstname.lastname@example.org or at the notice address for Cynaptx indicated in the Agreement. Your notice must include:
(1) Identification of the trademark(s) claimed to have been infringed, and, if registered with the United States Patent and Trademark Office or similar foreign entity, the registration number of the mark(s);
(2) Identification of the material claimed to be infringing and information sufficient to permit Cynaptx to locate the material, such as the specific URL where the trademark appears on the Services;
(3) A statement that the complaining party has a good faith belief that use of the trademark in the manner complained of is an infringement of the rights granted under United States or foreign trademark law;
(4) A statement that the information in the letter is:
- accurate, and
- under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed trademark; and
(5) A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark that is allegedly infringed.
Once you submit the report to Empyra, our team will begin a brief investigation and will take action that it deems appropriate under the circumstances. If more information is needed from you, we will reach out via e-mail.
Cynaptx reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names or logos to mislead others may be permanently suspended.
But please note that Cynaptx is not in a position to adjudicate complicated trademark disputes between third parties. Therefore, we are not in a position to act on reports that require a complex legal analysis or factual investigation. In those instances, we encourage you to contact the third party directly to try and resolve the matter. In fact, you should consider doing so even before filing a report with us, as it is often more effective in resolving the dispute.
If we decide to take down content in response your report, please note that we will provide your report and contact information to the affected party, who may contact you directly regarding the matter.