DMCA Notice and Takedown Process
NOTICE AND TAKEDOWN PROCESS
At Amped Up Learning, we are a small two-teacher owned and operated company, but we will work hard to respond as quickly as we can to complete notices of alleged copyright or trademark infringement. As required by the law, we’ve assigned a Designated Agent to receive infringement claims. Our DMCA agent's information can be found on the Policy page.
If you believe that your work has been used in a way that constitutes copyright or trademark infringement in material found on our website, please submit a notice to our Designated Agent. To comply with the requirements of the law, your notice needs to include all of the following information:
Identification of your intellectual property that you claim has been infringed upon on our website (if your notice pertains to the use of your trademark, please include your federal trademark registration number);
Identification of the material that you claim has infringed on your intellectual property, including:
an explanation of how the material identified is using your intellectual property in a way that constitutes infringement, AND
a description of where the material you’ve identified is located on the Amped Up Learning website, with sufficient detail to allow us to find the material (A URL of the resource page is best);
Your contact information, including your full name, mailing address, telephone number, and email address;
Statement by you, stating that you have a good faith belief that the disputed use of the work is not authorized by the intellectual property owner, its agents, or the law;
Statement by you stating that, under penalty of perjury, the information provided in your notice is accurate and that you are the intellectual property owner or are authorized to act on behalf of the owner;
Electronic or physical signature of the person authorized to act on behalf of the copyright holder.
Keep in mind — under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney's fees.
Making sure you include all of the required pieces of information will help us more quickly address your request. In addition to the above items, it may be helpful to include any additional information to allow us to verify the status of the work you claim has been infringed (for example, a copy of the trademark or copyright registration for the work).
What happens after you submit your Notice?
Trademark Notice — If your Notice of Trademark Infringement contains all of the required information, we’ll consider your request and take what action we believe in good faith to be appropriate. To make it easier for us to process your request and ensure that all of the infringing content is removed, make sure your notice is as specific as possible about where your mark appears on our site. For example, by identifying each place it appears in a resource, or in the name of a store or title of a resource.
Copyright Notices — We’ll review your Notice of Copyright Infringement to make sure it contains all of the required information. The more specific your explanation is about which parts of a resource you believe are infringing, the easier it will be for us to process your request and ensure that the infringing content is removed. When we do take action on a notice, we reach out to the member who posted the content, forward them your notice, and remove the material from our site.
The user who posted the content has a legal right to submit a Counter-Notice (described in more detail below) if they believe that the content was misidentified as infringing or was removed by mistake. If we receive a complete Counter-Notice, we’ll forward it to you. Then, it’s up to you to take further legal action to protect the work. The law gives you 10 days to let us know you’ve done so. Otherwise, we have to allow the individual to repost the content.