DMCA: DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE AND POLICY

www.challengebuilder.com

Challenge Builder, LLC, a Missouri limited liability company (“Challenge Builder,” “we,” or “us”), respects others’ intellectual property rights and we require the users of this website (the “Website”) to do the same. Challenge Builder will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider (in this instance, Challenge Builder) concerning alleged copyright infringement. When a valid DMCA notification is received meeting the requirements outlined below, the service provider responds under this process by taking down the allegedly infringing content. Upon taking down content under the DMCA, Challenge Builder will take reasonable steps promptly to notify the owner of the removed content so that a counter-notification can be sent to Challenge Builder. Upon receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the party alleging infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

In the event that you use the notification process below to alert us to claims of infringement other than copyright, such notifications are not covered by the DMCA and will be governed by our Terms of Use or other applicable policy adopted by Challenge Builder for this Website.

Challenge Builder may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law—the Privacy Policy for this Website does not protect information provided in these notices.

  1. To File a Notification of Infringing Content:

    A written notification must be made to the Designated Agent of Challenge Builder indicated below. This notice can be done either by e-mail or written letter (regular U.S. mail or courier) to the Designated Agent as follows: Seigfreid Bingham, P.C., Attn: DMCA Agent, 2323 Grand Boulevard, Suite 1000, Kansas City, Missouri 64108, E-mail: dmcanotice@seigfreidbingham.com.

    The following information must be included in your notice (except the information listed as optional below):

    1. Identification of the copyrighted work(s) claimed to have been infringed and a statement of ownership to such work(s);
    2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Website;
    3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, e-mail address at which you may be contacted;
    4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. Include the following statement: “I have good-faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law”;
    5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    6. The physical or electronic signature (i.e., “/s/ [print name]”) of a person authorized to act on behalf of the owner of the copyright that is allegedly being infringed—we will not (and cannot) accept notices that are not signed by you stating your full legal name; and
    7. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)

    The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you knowingly make a false claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.

  2. To file a Counter-Notification:

    If your content has been removed or access disabled from the Website as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a written DMCA counter-notification as follows:

    1. List the material that was removed or to which access was disabled by Challenge Builder, and the location at which the material appeared before it was removed or disabled. Please identify in sufficient detail in order to allow Challenge Builder to identify the material;
    2. Provide your name, address, telephone number, and e-mail address (if available);
    3. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Kansas City, Missouri if your address is outside of the United States);
    4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
    5. State the following: “I swear, under penalty of perjury, that I 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
    6. Your physical or electronic signature (i.e., “/s/ [print name]”)—we will not (and cannot) accept notices that are not signed by you stating your full legal name.

    This notice can be done either by e-mail or written letter (regular U.S. mail or courier) to the Designated Agent as follows: Seigfreid Bingham, P.C., Attn: Angie Armenta, 911 Main Street, Suite 2800, Kansas City, Missouri 64105, E-mail: aarmenta@seigfreidbingham.com.

    If the Designated Agent receives a counter-notification in compliance with the above requirements, it will promptly provide the party alleging infringement with a copy of the counter-notification and inform such party that Challenge Builder will replace or enable access to the removed material in ten (10) business days from the date of the counter-notification unless the Designated Agent first receives notice from the party alleging infringement that such party has filed an action seeking a court order to restrain the user of the Website from engaging in the allegedly infringing activity of uploading the infringing material to the Website.

What rights do I need to have to post content on the Site?

In addition to permission from third-party copyright owners to make use of their video, music, graphics, photographs, and other intellectual property, we require you to obtain permission to depict any persons in an uploaded photograph or other work (except to the extent that such permission is not required by law).

When you post content, you represent, warrant, and agree that you have all necessary third-party permissions and licenses as required by this Policy and our Terms of Use. Failure to do so may subject you to suspension or termination of your account and liability to us and to third parties.

Do you terminate accounts based on DMCA claims?

If Challenge Builder believes that a user of this Website or any other website owned or operated by Challenge Builder is continually abusing the DMCA process, either with filings that appear to be without basis or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party’s account. PLEASE NOTE THAT CHALLENGE BUILDER INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT BUT WILL NOT TAKE ANY RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL UNLESS CHALLENGE BUILDER POSSESSES ACTUAL OR APPARENT KNOWLEDGE OF INFRINGEMENT OR IS NOTIFIED AS DISCUSSED ABOVE.