DMCA & Infringing Content Policy

Second Innings, Inc. ("SII") has adopted the following policy toward copyright or other intellectual property infringement on the Platform as defined in the Second Innings Terms of Use, in accordance with the Digital Millennium Copyright Act ("DMCA") and equivalent law in other jurisdictions, which are intended to reduce the liability of online service providers who provide access to user-generated content.

A.   It is our policy to respond to allegations of infringement based on proper notification by or to the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied in violation of applicable copyright law or misused on the Platform in a way that constitutes copyright infringement, please notify our copyright agent as set forth below.

B.   In order for SII to take action on your complaint, you must provide all of the following, in writing:

• Your name and contact information.
  Please includes your address, telephone number, and email address.
• Identification of the copyrighted work that you claim has been infringed.
  Please include reasonably sufficient details describing the copyrighted work that is claimed to be infringed.
• A detailed description of where on the Platform the allegedly infringing materials is located.
  General information about the content is not adequate. Please include reasonably sufficient detail to locate the content, such as the URL of the page or listing or link to content itself.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or the duly authorized agent to act on behalf of the copyright owner.
• Your signature.
  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

C.   Contact information for our copyright agent is as follows:

D. We will review all claims of copyright infringement received and remove the content deemed to have been uploaded or distributed in violation of any such laws.

A.   If content that you posted on the Platform was removed due to a claim(s) of copyright infringement and you believe that such removal was improper or in error, you may submit a counter-notification, in accordance with Section 512(g) of the DMCA, to our copyright agent at the addresses listed above.

B.   To expedite processing of your counter-notification, please include all of the following information in your counter-notification:

• Your full name, address, telephone number, email address and, if you are a registered user, any username associated with your account.
• Identification of the URLs for the specific pages that contain material that SII has removed or to which SII has disabled access.
• A statement that you consent to the jurisdiction of the courts of the state of California and that you will accept service of process from the person, or the agent thereof, who provided notification to SII in accordance with the DMCA notice procedures.
• A statement, under penalty of perjury, that you 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.
• Your physical or electronic signature (or the same of a person authorized to sign on your behalf).

C. Upon receipt of your counter-notification, we will forward it to the party that submitted the original claim of copyright infringement. Please note that, when we forward the counter-notification, it may include any of your identifying information, as such is included in the counter-notification. By submitting a counter-notification, you consent to having such identifying information disclosed in this manner.

D. After the counter-notification has been sent to the original claimant, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain your engagement in infringing activity relating to content on the Platform. Upon receipt of such notification from the original claimant, we will be unable to restore the disputed content. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed content.

E. Please note that, under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

F. Please also be advised that, in accordance with the DMCA and other applicable law, SII has adopted a policy of terminating, in appropriate circumstances, the accounts of any users who are deemed to be repeat infringers. SII may also, at its sole discretion, limit access to the Platform, or terminate the accounts of any users who infringe any intellectual property rights of others, whether actual or claimed and regardless of whether or not infringement is reoccurring. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney before publishing the content on the Platform.

G. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country or the United States if the allegations that you submit through this process are false or otherwise made in bad faith. Accordingly, if you are unsure as to whether content that is being infringed or whether it is appropriate to file a counter-notification, we encourage you to consult a U.S. attorney before publishing on the Platform, or otherwise taking any action through the copyright notice process.

A. If you believe, in good faith, that any other content on the Platform is illegal or infringing with respect to other intellectual property rights (i.e., trademark, patent, trade secret) or you wish to make us aware of other illegal or infringing conduct relative to the Platform, you may contact us via email at: customercare@secondinnings.app.

B. Any notice to us must contain: (i) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (ii) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (iii) your name, address, telephone number and e-mail address.