Positive Intelligence respects the intellectual property rights of others. If you believe your work has been copied or used in a way that constitutes copyright infringement, are aware of any infringing material available via any of our service offerings, or believe any material infringes any other intellectual property right (including, without limitation, trademark rights and rights to publicity and privacy), please contact our designated copyright agent at the address listed below and provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) (a “DMCA Notice”):
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) identification of the copyrighted work(s) that you claim to have been infringed;
(3) a description of where the material that you claim is infringing is located on Positive Intelligence’s site or services;
(4) your address, telephone number, and email address;
(5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The designated copyright agent for Positive Intelligence is:
Attn: Shirzad Chamine
2443 Fillmore St. Suite 440
San Francisco, California 94115
If you submit a DMCA Notice hereunder, you shall be deemed a “Complaining Party” for purposes of this Agreement. Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Moreover, this procedure is exclusively for notifying Positive Intelligence that your intellectual property rights have been infringed.
DMCA Notice Actions
Upon receipt of a written DMCA Notice containing the information as outlined above, Positive Intelligence will:
(1) Remove or disable access to the material that is alleged to be infringing;
(2) Forward the written DMCA Notice to the alleged infringer (“Alleged Infringer”);
(3) Take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter DMCA Notices
Pursuant to 17 U.S.C. § 512 et. al, an Alleged Infringer may provide Positive Intelligence’s designated copyright agent with a counter notice objecting to the Complaining Party’s allegations and Positive Intelligence’s removal of the alleged infringing material (a “Counter DMCA Notice”). To be effective, a Counter DMCA Notice must be a written communication provided to Positive Intelligence designated copyright agent that includes substantially the following:
(1)A physical or electronic signature of the Alleged Infringer;
(2)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;
(3)A statement under penalty of perjury that the Alleged Infringer has 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;
(4)The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which the Alleged Infringer may be found, and that the Alleged Infringer will accept service of process from the person who provided the DMCA Notice or an agent of such person.
Counter DMCA Notice Actions
Upon receipt of a Counter DMCA Notice containing the information as outlined in 1 through 4 above, Positive Intelligence will:
(1) Promptly provide the Complaining Party with a copy of the Counter DMCA Notice;
(2) Inform the Complaining Party that Positive Intelligence will replace the removed material or cease disabling access to it within ten (10) business days;
(3) Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter DMCA Notice, provided Positive Intelligence’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Positive Intelligence’s network or system
Intellectual Property Policy
You may use materials presented on the Services, including materials on the Positive Intelligence Learning Hub, solely for your own personal purposes or in performing services directly on a one-on-one basis for your coaching clients, provided that you indicate the material is copyright Positive Intelligence. If a client is provided with any materials, you must inform the client that the materials may not be re-used or reproduced and must indicate that all Positive Intelligence materials are proprietary intellectual property of Positive Intelligence. Any use of Positive Intelligence materials or other intellectual property beyond one-to-one coaching is not allowed without the specific written approval of Positive Intelligence.