Digital Millennium Copyright Act Notice

42Gears Mobility Systems Inc. (“42Gears”, “ our”, “us”) as an organization values the intellectual property rights of others and takes copyright infringement seriously. It is our policy to respond to any notice, effectively, of any alleged copyright infringement that complies with applicable law.

If you are a copyright owner or their legal representative or authorized to act under any exclusive right under copyright (“you”, “yours”) and believe that any material accessible or available on or from this site or any other site owned by 42Gears (“the “Website”) infringes your copyrighted material, you may request us to take down that content or material (or refuse to access that material), from the website by submitting a written complaint or notification to our copyright agent as designated below.

DMCA Notice of Alleged Infringement (“Notice”)

The written notice submitted to us shall be pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). For the notice to be effective, the following information is must. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3); your DMCA notice may not be valid:

  • your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Deliver this Notice, with all items completed, to 42Gears’s Designated Copyright Agent:
Onkar Singh
42Gears Mobility Systems Inc.
48521 Warm Springs Blvd, Suite 303 Fremont, CA 94539 United States Fremont, CA 94539
Email: legal@42gears.com
Phone: 408 758 0205
Copyright Agent

The complaint filed under DMCA is a predetermined legal process. We shall review the notice with accuracy and reasonableness. Upon receipt of Notice as described above, 42Gears will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

In response to the complaint, if we remove or restrict the access to material or terminate the account, we shall make a good faith effort to contact the affected party concerning the removal of the material or termination of his/ her account.

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.

DMCA Counter-Notice of Alleged Infringement

If you believe that material you posted on the Website 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 copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • your physical or electronic signature;
  • an 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 disabled;
  • adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

If a Counter-Notice is received by the Copyright Agent, 42Gears may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against 42Gears or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the 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.

Kindly note that any disputes arising out of namespace, ownership and trademarks are not governed by DMCA. The involved parties should resolve such issues by themselves. 42Gears will never act as arbitrator or intermediary between the parties in these disputes and will not take any action until the appropriate court orders.

Repeat Infringers

42Gears does not condone the copyright infringement or any violation of the intellectual property rights of 42Gears or of others. In this regard, 42Gears reserves the right to terminate the access and/or use privileges of any person who has been determined to be a 'repeat infringer' of the copyrights of 42Gears or others. 42Gears also reserves the right to define the criteria by which 42Gears will determine that a person is a 'repeat infringer.' In the event that repeat infringer' is defined by statute, law, or regulation as applicable to 17 USC § 512, 42Gears will adopt that definition as a minimum standard. Without limiting 42Gears’s right to define 'repeat infringer,' as a general rule, 42Gears will define a 'repeat infringer' as any person or entity about whom 42Gears has received two or more DMCA Notices of Alleged Infringement. Further 42Gears will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a 'repeat infringer' is appropriate.

REGARDLESS OF WHETHER 42GEARS TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, 'REPEAT INFRINGER' OR OTHERWISE, 42GEARS IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL 42GEARS INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY 42GEARS WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

AMENDMENT TO POLICY

42Gears reserves the right to amend or modify the policy or its terms relating to the website at any point of time. 

For any further calrification, please contact us at legal@42gears.com

 

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