Digital Millennium Copyright Act Policy and Procedure
At Gen Inc., we value the intellectual property rights of others and do not condone posting of copyrighted material belonging to third parties on the Gen websites and services (collectively the “Site”). If you believe in good faith that content on the Site may infringe your copyright(s), please send us a takedown notice of alleged violations in accordance with procedures allowed by the Digital Millennium Copyright Act (“DMCA”). Please note that any other type of request will not receive a response through the process outlined below.
DMCA Notice
Gen will only remove content based on a complete DMCA Notice. To file a DMCA Notice of Alleged Infringement with our Copyright Agent, you must provide a written communication (by regular mail or e-mail) that sets forth the items specified below.
Prior to submitting a notice to Gen, please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found. You must identify each separate item of infringing material.
- Provide information reasonably sufficient to permit Gen to contact you (email address, telephone number and a mailing address).
- Include a statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law.
- Include a statement that the information in the Notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Provide a physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
- Deliver this Notice, with all items completed, to Gen’s Designated Copyright Agent:
BY MAIL:
Gen Inc.
Attn: Copyright Agent
60 E. Rio Salado Pkwy, Suite 1000
Tempe, AZ 85281
BY EMAIL: DMCA@gendigital.com with the words "DMCA Complaint" in the subject line.
If you fail to comply with the requirements set forth above, your DMCA notice may not be valid. Upon receipt of a valid and complete DMCA Notice, Gen will remove or disable access to the allegedly infringing content. Gen will further make a good-faith attempt to contact the user who posted or transmitted the allegedly infringing content to provide such user the opportunity for a response to the removal of their content (a “DMCA Counter Notice”).
DMCA Counter Notice
If you believe your content was removed by Gen based on an improper DMCA Notice (for instance, the content was removed as a result of a mistake or misidentification), you may file a DMCA Counter Notice with Gen and request that Gen restore placement of your content.
To provide a Counter Notice to Gen, please return the following information to Gen’s designated Copyright Agent. Please note that if you provide a Counter Notice, in accordance with the requirements of the DMCA, a copy of the Counter Notice will be given to the copyright claimant.
To expedite our ability to process your request, please use the following format:
- Identify the material or the reference or link that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled.
- Include 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.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which Gen may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Gen’s Designated Copyright Agent:
BY MAIL:
Gen Digital Inc.
Attn: Copyright Agent
60 E. Rio Salado Pkwy, Suite 1000
Tempe, AZ 85281
BY EMAIL: DMCA@gendigital.com with the words "DMCA Complaint" in the subject line.
Gen may, in its sole discretion, reinstate the content based on the DMCA Counter Notice. However, in no event will Gen reinstate the content if it receives notice from the copyright claimant that a legal action to restrain the allegedly infringing activity has been filed.
Account Termination
It is the policy of Gen to terminate the accounts of repeat infringers or of users repeatedly accused of infringement in appropriate circumstances. Accordingly, Gen may, when it deems necessary and at its discretion, terminate a user’s ability to submit content to the Site if they are a repeat infringer.
Where to Send Your DMCA Notices
Please send your DMCA Notice or Counter Notice by email to DMCA@gendigital.com or by mail to:
Gen Digital Inc.
Attn: Copyright Agent
60 E. Rio Salado Pkwy, Suite 1000
Tempe, AZ 85281
United States
