Updated July 22, 2022
Osmosis, LLC (hereafter “Osmosis” or “our,” “we,” or “us”) respects the copyrights, among other intellectual property rights, of others. We require anyone accessing, purchasing, or otherwise using services within our control to do the same. The information below is meant to assist you in reporting content that you believe infringes on copyrighted works that you own and/or control and to allow us to investigate your complaint.
We may access, preserve for our own purposes, and disclose to third parties any information or data related to a written complaint of copyright infringement if we believe, in our sole discretion, that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint, improve our policies, or comply with our legal obligations. We will not use such information for any other purposes.
If you have other questions, please contact us at email@example.com.
- The Digital Millennium Copyright Act.
Title II of the Digital Millennium Copyright Act (“DMCA”) is the law controlling U.S. liability of online service providers for copyright infringement. It provides instructions on reporting infringement and how to appeal removal of posted materials.
Where permitted, third parties may post or upload materials to our websites, multi-channel networks, or social media pages. We do not police these uploads and/or comments. We rely on copyright owners to let us know if they believe posted materials infringe on their ownership rights.
- What should you do if you believe your copyrighted material has been infringed?
If you own or control copyrighted material that you believe a human individual or entity (a “Person”) has posted on one of our Internet locations over which we have control (our “Network”) without proper authorization, send us a Takedown Request by email to firstname.lastname@example.org.
Since we review Takedown Requests in the order received, please do not submit multiple requests. Resubmissions may delay our review of your request.
Disclaimer: If you are not certain whether a particular use is an infringement or a violation of your rights, consult with your own legal counsel. We cannot provide legal advice to anyone. Also, filing a Takedown Request is a legal process. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages incurred by us as the result of us relying upon such misrepresentation (including legal costs and attorneys’ fees). If you make false claims, your actions may result in the suspension or termination of your account with us and any agreement you have with us, as well as the type of liability referred to above.
- What information is required in a Takedown Request?
In order for us to process your Takedown Request, please provide us all of the information below by email to email@example.com.
☐ Your, or your authorized agent’s, physical or electronic signature as the copyright owner;
☐ Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works are infringed, identification of a representative list of such works, including a link to the original work if available;
☐ Identification and location of the infringing material on our Network (with the specific location of such material by providing the web address);
☐ Your contact information, including name, physical and email address(es), and telephone number(s);
☐ A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by you, as the copyright owner, your agent, or the law; and
☐ A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner (if filed by an agent).
We require all of the above information. If you send us incomplete information, we will not be able to process your request. We will return your request, indicating what information is missing by checking one or more of the boxes as detailed above.
- What happens after you file a Takedown Request?
Once we receive your Takedown Request, we will confirm with you our receipt either through email or physical mail. We will then review the Takedown Request to make sure it contains all the necessary information and that it is a bona fide or genuine notice of infringement. If we determine that your Takedown Request is indeed genuine, we may decide either to remove or restrict access to the complained of material. We will also notify the relevant alleged infringer (to the extent we are able) and will provide such Person with a copy of your Takedown Request with instructions on how to file a Counter Notice.
We may also forward a copy of your Takedown Request to the website, Lumen Database, where the request will be publicly viewable. Your personal information (including your name and contact information) will be removed, pseudonymized, or anonymized.
- What if you receive a notice of a Takedown Request?
If we have removed or restricted access to posted materials as a result of a Takedown Request, we will take reasonable efforts to notify the poster of such materials at the email or mailing address provided or available to us, if any, and will provide such Person with a copy of the Takedown Request. We shall not be liable if we are unable to locate the Person who posted the materials in question.
If you receive a Takedown Request and you believe that you have the right to post and use the material that has been restricted, disabled, or removed, such as through a granted license, you can contest the removal, disabling, or restriction of that content by filing a Counter Notice with us. Also, if you believe an error was made in the Takedown Request, you can always contact the Person who made the Takedown Request.
Disclaimer: If you receive a Takedown Request and are not certain whether use of copyrighted content is permissible, consult with your own legal counsel. We cannot provide legal advice to anyone. Also, filing a Counter Notice is a legal process. You should be certain you have the appropriate rights before filing a Counter Notice. If you knowingly misrepresent that material or activity is permissible in a Counter Notice, you may be liable for any damages incurred by us as the result of our relying upon such misrepresentation (including legal costs and attorney’s fees). If you make false claims, your actions may result in the suspension or termination of your account with us and any agreement you have with us, as well as the type of liability referred to.
- What information is required in a Counter Notice?
In order for us to process a Counter Notice, please reply to our original Takedown Notice email or mailed letter and provide us with all of the information below. If you are emailing us, please include all information requested herein in the body of your email. We do not open any email attachments.
☐ Your, or your authorized agent’s, physical or electronic signature;
☐ Identification 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;
☐ 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; and
☐ Your contact information, including name, physical and email addresses, and telephone number(s), and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or for non-U.S. addresses, in any judicial district in which Osmosis, LLC may be found; and that you will accept service of process from the person who provided the Takedown Request or from an agent of such person.
We require all of the above information. If you send us incomplete information, we will not be able to process your Counter Notice. If your Counter Notice is incomplete, we will make reasonable efforts to inform you what information is missing by checking one or more of the boxes as detailed above.
- What happens after we receive a Counter Notice?
Once we receive a Counter Notice, we will promptly forward a copy of the Counter Notice to the Person who filed the original Takedown Request (the “Complainant”), informing that Complainant that we will replace the removed material or cease disabling or restricting access to it in ten (10) to fourteen (14) business days from the receipt of the Counter Notice unless we receive notification that Complainant has filed an action seeking a court order to restrain the recipient of the Takedown Notice from engaging in infringing activity relating to the material on our Network. If we are not notified by the Complainant in the manner described above, we may decide, in our sole discretion, to replace the posting complained of or restore access to it.
- How do you withdraw a copyright Takedown Request?
If you wish to withdraw a Takedown Request, please contact us by email at firstname.lastname@example.org and include all of the following:
☐ Refer to the original Takedown Request;
☐ Use the same email or mailing address as your original Takedown Request;
☐ Include the date you sent the Takedown Request to us, the date of our reply, if any, and the date of any Counter Notice;
☐ Include the statement: “By this request, I hereby withdraw my claim of copyright infringement”; and
☐ Include your electronic signature or a physical signature, or that of your authorized agent.
Any emailed request to withdraw a Takedown Request that is not submitted from the same email address as the original Takedown Request will not be processed.
- Repeat infringers and copyright content identification
We have a right to terminate access to services by repeat copyright infringers. After three (3) Takedown Requests for which no Counter Notice is successful, a poster may be terminated and permanently barred from holding future accounts with us and/or with our affiliates and distributors.
We will reasonably accommodate, and not interfere with, industry-standard technical measures used by copyright owners to identify or protect copyrighted works or other intellectual property.
- How do you contact us?
For DMCA issues only, you can contact us via email or mail as detailed below:
Attn: DMCA Agent for Osmosis, LLC
HOLZER PATEL DRENNAN
216 16th St., #1350
Denver, CO 80202
For all other issues, you can contact us via email or mail as detailed below: