Copyright and Trademark Dispute Policy

Effective date: December 25, 2021 (view archived versions).

Gradle, Inc. (“Gradle”, “We” and “Us”) respects the rights of copyright and trademark holders, as described in this policy (the “Copyright and Trademark Dispute Policy”). This policy is incorporated by reference into the Gradle Terms of Use (the “Agreement”). Except as otherwise set forth in this Copyright and Trademark Dispute Policy, Terms used in this policy but not defined herein shall have the same definitions attributed to them, respectively, in the Agreement.

Copyright

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”), we have adopted the following policy regarding copyright infringement. Gradle does not allow copyright infringing activities on its Services. We will remove a party’s data or content from our Services if properly notified that such data or content infringes on another’s copyright rights. Gradle has a policy of terminating, in appropriate circumstances, the accounts of parties who repeatedly infringe copyright holders’ copyrights. You are a “repeat infringer” if, on more than two occasions, you have been notified of infringing activity or have had your data or content removed from our Services. Gradle also reserves the right to terminate your accounts suspected of infringing copyrights upon the first incident without further notice, at our sole discretion.

If you believe that any content in our Services violates your copyright, you should notify Gradle’s copyright agent (the “Designated Agent”) in writing pursuant to the DMCA. The contact information for Gradle’s Designated Agent is at the bottom of this section.

1. Procedure for Reporting Copyright Infringements. In order for Gradle to take action, you must provide the Designated Agent with a written notice that:
   1. includes your physical or electronic signature;
   2. identifies the copyrighted work that you believe is being infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works
   3. identifies the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that Gradle can find it (such as the item’s URL);
   4. provides Gradle with a way to contact you (such as address, telephone number, or email);
   5. provides a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Gradle; and
   6. provides a statement that the information you provide in your notice is accurate, and that under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.
2. Once Proper Bona Fide Infringement Notification is Received by Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
   1. remove or disable access to the infringing material;
   2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
   3. terminate such content provider’s access to the Services if he or she is a repeat offender.
3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
   1. A physical or electronic signature of the content provider;
   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 disabled;
   3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
   4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Gradle may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Gradle may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Gradle’s discretion.

Please contact Gradle’s Designated Agent at the following address:

Sanaz Oskouy
Gradle, Inc.
2261 Market Street #4081
San Francisco, 94114
Attn: DMCA Designated Agent
E-Mail: soskouy@gradle.com

Trademark

If you are a trademark owner and you believe in good faith that any content on our Services or infringes on your trademark rights, please send our Designated Agent a written notice of such infringement. Your notice must include:

1. Identification of the trademark(s) claimed to have been infringed, and, if registered with the United States Patent and Trademark Office or similar foreign entity, the registration number of the mark(s);
2. Identification of the material claimed to be infringing and information sufficient to permit Gradle to locate the material, such as the specific URL where the trademark appears on the Services;
3. A statement that the complaining party has a good faith belief that use of the trademark in the manner complained of is an infringement of the rights granted under United States and/or foreign trademark law;
4. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed trademark; and
5. A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark that is allegedly infringed.

Upon receipt of a notice containing the above information, Gradle will promptly notify the party who provided the allegedly infringing content and will promptly remove or cause to be removed the allegedly infringing content.

We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended.