Just lately we have had a number of posts which have raised issues relating to copyright. As you would be aware, copyright is an important issue, and has achieved even more prominence in recent years by the demonstrated willingness of major entertainment companies and entertainers to take legal action to enforce their rights. Extremely costly punitive damages have been awarded in many of those cases. It is thus imperative for companies such as Corel to protect itself and its employees and agents such as the volunteer staff of this Board from charges of copyright infringement.
For this purpose, your application for membership of this Board, and your posting of messages on it, shall be taken as indicating your acceptance of the following provisions.
Corel Corporation and this Web Board do NOT condone infringement of copyright issues, and the Web Board Management Team ask that all members respect copyright issues.
As a condition of your use of this Board, you represent and warrant that you will not use the Board for any purpose that is unlawful or prohibited by these conditions. This includes the intentional or unintentional violation of any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any of the services of this Board.
By posting or uploading material, or links to material, to any part of this Board, you warrant that the material so uploaded or linked by you does not violate any person's so called "Rights of Authors" or "Moral Rights" (Droit Morale) or other similar or analogous rights under any applicable laws of any country of the world.
You agree to indemnify Corel Corporation and all of its affiliates, subsidiaries, assigns and agents such as the volunteer staff of this Board, for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading and/or exhibiting or linking to any material on this Board or your failure to comply with these conditions. While Corel Corporation and its agents do not and cannot regularly review material and links posted by users of the Board and is not responsible for the content of those posts or links, Corel Corporation reserves the right to delete, move, take down, restrict access to or edit the material or links that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person's rights of privacy or publicity or is otherwise unacceptable and/or violates the terms of these conditions.
In addition, Corel Corporation¡¦s response to breaches of these conditions may include terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the material or links at issue so that he or she may, where appropriate, make a counter-claim that the material or link was not in breach of these conditions.
No assistance will be given where it is clear that a user is attempting to copy protected material.
If you believe that any material, or links to material, posted on the Board has been copied in a way that constitutes copyright infringement under applicable laws, please forward via regular mail or via fax (not via e-mail or phone) notification of the claimed copyright infringement to Corel Corporation¡¦s Copyright Agent (contact information below), which must contain all of the following elements:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- The exact URL or a description of where the alleged infringing material is located;
- A 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; and
- 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.
Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the ¡§fair use¡¨ doctrine, as you could be liable for costs and attorneys¡¦ fees should you file a take down notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney before you file your notice or consult publicly available reference materials such as those found at http://www.chillingeffects.org
If you believe access to your content was disabled or removed by Corel Corporation as a result of an improper copyright infringement notice, please provide written notification via regular mail or via fax (not via e-mail or phone) to Corel Corporation¡¦s Copyright Agent (contact information below), which must contain all of the following elements:
- A physical or electronic signature of the subscriber;
- Identification of the material that was removed from the Corel Board and the location of the Corel Board on which the material appeared before it was removed;
- 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 of the material to be removed or disabled;
- Information sufficient to permit Corel Corporation to contact you, such as your physical address, telephone number and e-mail address; and
- A statement that you consent to jurisdiction of the relevant court for the area where you reside and that you will accept service of process from the person who provided the original notification or an agent of such person.
Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys¡¦ fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney or consult publicly available reference materials such as those found at http://www.chillingeffects.org
Corel¡¦s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
1600 Carling Avenue
46430 Fremont Blvd.
Fremont, CA 94538
United States of America
120 Avenue Charles de Gaulle
92200 Neuilly sur Seine
Corel Pty Ltd
Level 21, Tower 2
201 Sussex Street
Sydney NSW 2000
Corel UK Limited
Via Giovanni da Udine, 34
7F , 399, Rueiguang Rd.
The Corel Corporation Copyright Agent will not remove content from the Corel Board in response to phone or email notifications regarding allegedly infringing content, since under the relevant law in force in most jurisdictions notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Board or on sites linked to or from the Board, or in connection with the materials or links posted. All other inquiries directed to the Copyright Agent will not be responded to.
By this filing, Corel Corporation seeks to preserve any and all exemptions from liability that may be available under the relevant copyright law, but does not necessarily stipulate that it is a service provider or equivalent as defined in the relevant law.