End-Use Copyrights

This page describes using iGrafx’s products with materials you (or others) have copyrighted.

For information on the use of iGrafx’s copyrighted materials, please see the iGrafx Copyright page.

iGrafx, LLC, together with its subsidiaries and affiliates (hereinafter referred to as “iGrafx”) respects the intellectual property of others, and we ask our users to do the same. By making any content available through any of iGrafx’s applications or websites, you represent and warrant that you own all rights necessary to properly do so. It is iGrafx’s intention to prohibit users from uploading, posting or otherwise transmitting through any application or website offered by us any materials that violate another party’s intellectual property rights.

When we receive proper notification of alleged copyright infringement as described below (“Notice”), it is iGrafx’s policy, in appropriate circumstances and at its sole discretion, to either:

1. remove or disable access to the allegedly infringing material; and/or

2. disable and/or terminate the licenses and/or accounts of users who may infringe or repeatedly infringe the copyright or other intellectual property rights of iGrafx and/or others.

Notice for Claims of Intellectual Property Violations

If you believe that your own work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide iGrafx with the following information:

• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the allegedly infringing material is located with enough detail that we may find it;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
• a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. This signature must be witnessed by another individual of legal age. Please clearly print the name of the witness on your notice.

Your signed Notice should be mailed or faxed to:

iGrafx
8100 SW Nyberg Street
Tualatin, Oregon 97062
Attention: Legal Department
Facsimile: (503) 691-2451

If we receive a Notice that does not contain all of the information described above, but provides a way for us to contact you, we will follow up with you to request that you provide additional information.

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or application is copyright infringing.

We also will advise the alleged infringer of the Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification

If you believe your own copyrighted material has been removed from our website or application as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notice”) to iGrafx. To be an effective Counter Notice your notification must include substantially the following:

• identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
• a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
• a statement that you will accept service of process from the party that filed the Notice or the party’s agent.
• your name, address and telephone number.
• a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• your physical or electronic signature.

You may submit your Counter Notice by mail or fax to:

iGrafx
8100 SW Nyberg Street
Tualatin, Oregon 97062
Attention: Legal Department
Facsimile: (503) 691-2451