Gigs Wireless, LLC DMCA Policy
Gigs Wireless, LLC (“Gigs,” “we,” “our,” or “us”) has established the following process for addressing copyright infringement claims in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) under Title 17 U.S.C. §§ 512 of the U.S. Copyright Act, the text of which can be found on the U.S. Copyright Office website. We are committed to complying with U.S. copyright law and take the intellectual property rights of others seriously.
DMCA Notice Requirements
If you own a copyright (or are authorized to act on behalf of such owner) and want to report a claim that a user is infringing your copyrighted work, and the work has been transmitted through or stored within any system or network maintained by Gigs, please send our authorized copyright agent (“Designated Agent”) a notice of claimed infringement (“Notice”) that meets the minimum requirements of the DMCA.
Generally speaking, your Notice should: (i) identify the copyrighted work(s) alleged to have been infringed, (ii) identify the material alleged to be infringing the copyrighted work(s), (iii) provide contact information for the complaining party, (iv) include a statement of the complaining party’s good faith belief that use of the accused material is unauthorized by the copyright owner, (v) include a statement that the information in the Notice is accurate under penalty of perjury, and that the complaining party is authorized to act on behalf of the copyright owner, and (vi) include a physical or electronic signature of a person authorized to act on behalf of the copyright owner (i.e., the copyright owner or the owner’s agent), and the signatory should additionally disclose whether they are the copyright owner or the owner’s agent.
Copyright owners may send Gigs a Notice to:
Gigs Wireless, LLC
Attn: Legal Department; DMCA Notice
2261 Market Street #4288, San Francisco, CA 94114
Email: legal@gigs.com
We will review your submission and take whatever action we deem appropriate under the DMCA, including removal of the challenged content from our system or network.
Note: Gigs is a service provider of transitory digital network communications as contemplated by the DMCA. Therefore we are not obligated to respond to any demands regarding and have no duty to block, or remove or disable access to, material that is transmitted over, routed over or via connections to our network, by a user or at a user’s direction or initiation.
DMCA Counter Notice Requirements
If a notification of claimed infringement has been filed against you, you can file a counter notice (“Counter Notice”) with our Designated Agent using the contact information shown above. Any Counter Notice must satisfy the requirements of the DMCA.
Generally speaking, your Counter Notice should: (i) identify the material that has been removed or to which access has been disabled, and the location where such material previously appeared, (ii) provide you contact information, (iii) 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, (iv) include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or if your address is outside of the United States, for any judicial district in which Gigs may be found), and you will accept service of process from the person who filed the Notice to begin with, and (v) include your physical or electronic signature.
Upon receipt of an appropriate Counter Notice, we will provide a copy of the Counter Notice to the user who sent the original Notice and will follow the DMCA's procedures with respect to a received Counter Notice. In all events, you expressly agree that Gigs will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
NOTE: The Designated Agent should only be contacted with respect to copyright-infringement matters. The Designated Agent will not respond to general inquiries. Anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material. We may suspend or terminate the services of any user who is deemed to be a repeat copyright infringer in our sole judgment.