Last updated December 11, 2020
1. Copyright Infringement Notification
Sandstream Development Sp. z o.o. (“Sandstream”) respects the intellectual property rights of others and expects its users to do the same. Per the DMCA, Sandstream will respond promptly to claims of copyright infringement committed using the Sandtime.io application (“Services”) that are reported to Sandstream.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by sending Sandstream a DMCA Notice of Alleged Infringement. Upon receipt of Notice, Sandstream will take whatever action, in its sole discretion, deems appropriate, including removing the challenged use from the Services and/or termination of the Sandtime.io user’s account. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be sent to a third-party which may publish and/or annotate it.
2. DMCA Notice of Alleged Infringement (“Notice“)
To file a notice of infringement with Sandstream, you must provide a written communication (by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity infringes your copyrights. If you are not sure whether material available online infringes your copyright, we suggest you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
Identify the copyrighted work that you claim has been infringed, or – if this Notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, preferably by email, with all items completed, to Sandstream:
Sandstream Development Sp. z o.o.
3. DMCA Counter-Notification
The process for counter-notifications is governed by Section 512(g) of the DMCA
When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with Sandstream, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that a product or activity is not infringing the copyrights of others may be subject to liability (including costs and attorneys fees). Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Accordingly, if you are unsure whether particular material infringes others’ copyrights, we suggest that you first contact an attorney.
4. Elements of Counter-Notification
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
Identify the specific URLs of material that Sandstream has removed or to which Sandstream has disabled access.
Provide your full name, address, telephone number, email address, and the organization name in Sandtime.io.
Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the notice. If you provide information by email, a scanned physical signature, or a valid electronic signature will be accepted.
Send the written communication, preferably by email, to the following address:
Sandstream Development Sp. z o.o.
5. What next?
After receiving your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to have your information revealed in this way. We will not deliver the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must notify us within ten days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Sandtime.io. If we receive such notification, we will be unable to restore the material. If we do not receive such information, we may reinstate the material.
6. Account Termination
Sandstream will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder is a repeat infringer, please follow the instructions above to contact Sandstream and provide information sufficient for us to verify that the user is a repeat infringer.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.