Brightspot Intellectual Property Copyright Claim

(DMCA, Trademark Infringement)

Last updated July 2020

Brightspot’s Platform content is based on User Generated Content (UGC). Brightspot does not check user or host uploaded/created content for violations of copyright, trademark or any other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below as Brightspot is strongly committed to protecting your intellectual property copyright to the best of our abilities. 

Reporting Claims of Copyright Infringement

In order to allow us to review your request promptly and effectively, all copyright infringement notices (“Notice”) should include the following proof of copyright:

Please kindly send your Notice of DMCA / Copyright Claims to either:

Brightspot
Attention: DMCA / Copyright Claims Agent
Brookfield Place 225 – 6th Avenue S.W
Suite 2700,
Calgary, Alberta T2P 1N2
Canada


OR

Alternatively you can submit the Notice electronically to support@getBrightspot.com.

Please Note: To ensure a clear and transparent process, we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond in a timely manner. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response immediately. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with DMCA “Safe Harbors” 17 U.S.C. Section 512 and other applicable laws.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Trademark Infringement

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

You can send your Notice to:

Brightspot
Attention: Trademark Infringement
Brookfield Place 225 – 6th Avenue S.W
Suite 2700,
Calgary, Alberta T2P 1N2
Canada

OR

Alternatively you can submit the Notice electronically to support@getBrightspot.com.

Please Note: To ensure a clear and transparent process, we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with the applicable law.

Counter-Notification Procedures

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our DMCA / Copyright Claims contact details (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Our Commitment

Brightspot will look into all reported violations and will remove or disable content shown to be violating third party rights.