JuicyAds Intellectual Property Infringement Policy

Last Updated: November 14, 2016

JuicyAds respects the intellectual-property rights of others and expects its users to do the same. Each user is responsible for making sure that the materials they upload to their website or serve through the JuicyAds platform do not infringe any copyright, trademark, trade secret, or other intellectual property right of any person or entity.

The sale of counterfeit goods and copyright piracy are issues JuicyAds takes seriously, and JuicyAds has developed this policy to address this problem. Because rights holders are in the best position to identify and evaluate infringement of their intellectual property, without specific and reliable notices from rights holders, JuicyAds lacks the knowledge and capability to identify and address infringement. Accordingly, JuicyAds expects intellectual property holders to be accurate in demonstrating infringement of their copyrights and trademark rights and to target only infringing conduct.

Procedure for Reporting Claims of Infringement by Third-Party Websites

JuicyAds does not host or control the content on third-party websites (i.e., publisher and advertiser websites) and is not able to remove websites or their content from the Internet. Nor can JuicyAds engage in extensive or definitive fact finding to determine a particular party’s intellectual-property rights. JuicyAds prohibits websites that are principally dedicated to selling counterfeit goods or engaging in copyright piracy and have no substantial non-infringing uses from participating in the JuicyAds platform.

If you believe that a third-party website is infringing your intellectual-property rights and you have already reached out to the third-party website and given the third-party website at least two business days to take appropriate action, please provide JuicyAds with a written notice containing the following information:

1.     A description of the alleged sale of counterfeit goods or copyright piracy (the “Illegitimate Activity”) that includes (a) the specific URLs where the alleged Illegitimate Activity occurs; and (b) the identity, location, and contact information for the third-party website allegedly engaged in Illegitimate Activity. If only certain items or materials on a website are alleged to be illegitimate, the written notice must clearly identify those specific products or materials and their location on the website.

2.     Evidence (a) of the Illegitimate Activity, by providing, for example, a recent time-and-date stamped screenshot of the page containing both the Illegitimate Activity and advertising from the JuicyAds ad network and (b) that the advertising appearing on the third-party website containing the Illegitimate Activity is provided by the JuicyAds ad network. This can be done by providing, for example, a Tamper Data trace and relevant screenshots showing that the third-party website is making ad calls to the JuicyAds ad network for the advertising reflected in the screenshots.

3.     A copy of the rights holder’s notice provided to the third-party website under 17 U.S.C. § 512 or the cease and desist letter related to the Illegitimate Activity provided to the third-party website, along with responsive communications or a description of action undertaken by the third-party website;

4.     A statement under penalty of perjury (a) that the person submitting the notice has a good faith belief that the Illegitimate Activity is not authorized by the rights holder, its agent, or the law; (b) that the information and materials provided to JuicyAds are accurate; and (c) that the person submitting the notice owns the copyright or trademark for the products or materials that are the subject of the notice (in the case of trademark, include evidence of a federal trademark registration from the United States Patent and Trademark Office (or the equivalent body in the place of registration) for the product or materials that are the subject of the notice) and, if not the owner, that the person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

5.     Information reasonably sufficient to permit JuicyAds to contact the rights holder, such as an address, telephone number, and an email address; and

6.     Physical or electronic signature of a person authorized to act on behalf of the rights holder.

On receipt of a valid notice, JuicyAds will perform an appropriate investigation into the complaint, including a determination of whether the third-party website has a direct contractual relationship with JuicyAds. JuicyAds may take steps, including (1) requesting that the third-party website no longer sell counterfeit goods or engage in copyright piracy, (2) ceasing to serve advertisements on the third-party website (or pages within that third-party website) until it is verified that the third-party website (or pages within the third-party website) is no longer selling counterfeit goods or engaging in copyright piracy, or (3) removing the third-party website from the JuicyAds platform.

On receipt of a valid notice, JuicyAds may consider any credible evidence provided by the accused third-party website that it is not principally dedicated to selling counterfeit goods or engaging in copyright piracy or has substantial non-infringing uses. Credible evidence may take the form of a counter-notice containing the elements set out in 17 U.S.C. § 512(g)(3). In addition, JuicyAds may also consider any response by the rights holder to credible evidence provided by the accused third-party website in defense of its conduct.

This procedure is not intended to impose a duty on JuicyAds to monitor its platform to identify infringing third-party websites, and JuicyAds does not monitor its platform to identify infringing third-party websites.

You may send all notices, counter-notices, or any inquiries concerning intellectual property to JuicyAds’s intellectual-property agent:

Corey D. Silverstein, Esq.
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
dmca@juicyads.com

Procedure for Reporting Claims of Copyright Infringement (Does Not Apply to Third-Party Websites)

Please note that the following procedure applies to infringing materials hosted on the JuicyAds platform only. This procedure does not apply to infringing materials hosted or located on third-party publisher websites that display ads served by the JuicyAds platform (please see Procedure for Reporting Claims of Infringement by Third-Party Websites, above). As stated above, JuicyAds does not host or control the content on third-party websites and is not able to remove third-party websites or their content from the Internet (nor can JuicyAds disable access to third-party websites).

 JuicyAds takes claims of copyright infringement seriously. JuicyAds will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on www.juicyads.com (or served through the JuicyAds platform, i.e., infringing ads) infringe your copyright, you may request removal of those materials (or access to them) from the JuicyAds website or platform by submitting written notification to JuicyAds’s Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

1.     Your physical or electronic signature.

2.     Identification of the copyright work you believe to have been infringed or, if the claim involves multiple works, a representative list of the works.

3.     Identification of the material you believe to be infringing in a sufficiently precise manner to allow JuicyAds to locate that material.

4.     Adequate information by which JuicyAds can contact you (including your name, postal address, telephone number, and, if available, email address).

5.     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.

6.     A statement that the information in the written notice is accurate.

7.     A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

JuicyAds’s designated Copyright Agent to receive DMCA Notices is:

Corey D. Silverstein, Esq.
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
dmca@juicyads.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the JuicyAds website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the JuicyAds website or platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with JuicyAds (a “Counter-Notice”) by submitting written notification to JuicyAds’s Copyright Agent (identified below). In accordance with the DMCA, the Counter-Notice must include substantially the following:

1.     Your physical or electronic signature.

2.     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.

3.     Adequate information by which JuicyAds can contact you (including your name, postal address, telephone number and, if available, email address).

4.     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.

5.     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, the United States District Court for the Eastern District of Michigan) and that you will accept service from the person (or an agent of that person) who provided JuicyAds with the complaint at issue.

Completed Counter-Notices should be sent to:

Corey D. Silverstein, Esq.
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
dmca@juicyads.com

The DMCA allows JuicyAds to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the JuicyAds website or platform 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.

Repeat Infringers

It is JuicyAds’s policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.