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Intellectual Property Infringement Policy
Intellectual Property Infringement Policy
Last updated: 25 April 2022
Lightspeed takes claims of intellectual property right(s) infringement seriously. If you believe that any material hosted by, displayed on, or accessible through the apps, websites, and services of Lightspeed or its affiliates (collectively, “Lightspeed”) infringes your copyright or trademark rights, you may dispute the alleged infringement by following the processes outlined in this Intellectual Property Infringement Policy. While this Policy follows the framework of the Digital Millennium Copyright Act (“DMCA”), it applies to both copyright and trademark infringement allegations worldwide.
Reporting Claims of Infringement
In order to submit a claim of infringement, you must provide a notice to Lightspeed’s designated agent that includes at least the following information (“Infringement Notice”):
1. The physical or electronic signature of the copyright or trademark owner or the individual authorized to act on their behalf.
2. Identification of the material you believe to have been infringed.
– If the notice relates to an allegation of copyright infringement, the identification should include a description of the copyrighted work, registration information (if registered) and an example of the copyrighted work.
– If the notice relates to an allegation of trademark infringement, the identification should include a description of the trademark (registered or unregistered), the place of registration (if registered), the application and/or registration number (if applicable), and the accompanying description of goods and/or services with which the trademark is used and/or registered.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow Lightspeed to locate that material.
4. Contact information, including your name, address, email address, and telephone number.
5. A statement that you have a good faith belief that use of the allegedly infringing material is not authorized by the owner, its agent, or the law.
6. A statement under penalty of perjury that the information provided is accurate, and that you are the owner of the intellectual property or are otherwise authorized to act on the owner’s behalf.
If you are not sure whether the material is actually infringing your intellectual property rights, or whether a defense such as the fair use doctrine applies, you should consult your attorney.
To the extent Lightspeed receives an Infringement Notice that complies with the above requirements, Lightspeed will (a) forward a copy of the Infringement Notice to the alleged infringer; and (b) expeditiously remove, or disable access to, the material claimed to be infringing. If the Infringement Notice does not comply with the above requirements, the Infringement Notice will be deemed not effective, and no action will be taken by Lightspeed.
Submitting a Counter Notice to Challenge an Infringement Notice
If you receive an Infringement Notice and believe, in good faith, that the subject material was incorrectly removed, you may dispute the contents of the Infringement Notice by providing Lightspeed’s designated agent a notice with at least the following information (“Counter Notice”):
1. Your physical or electronic signature.
2. Identification of the material that has been removed or disabled, including the location(s) of the material prior to it being removed or disabled.
3. Contact information, including your name, address, email address and telephone number.
4. A statement under penalty of perjury by you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
5. A statement that you will (i) consent to the jurisdiction of the Federal District Court of the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the subject app, website, or service may be found); and (ii) accept service from the person (or an agent of that person) who submitted the Infringement Notice.
To the extent Lightspeed receives a Counter Notice that complies with the above requirements, Lightspeed will forward a copy of the Counter Notice to the party that submitted the Infringement Notice. If that party does not file an action seeking a court order to restrain you from engaging in infringing activity within 10 business days of receiving a copy of the Counter Notice from Lightspeed, Lightspeed will reinstate the removed or disabled material to which the Infringement Notice related.
For any Infringement Notice(s) or Counter Notice(s), please be aware that under the DMCA, you may be liable for damages, including attorneys’ fees and costs incurred by Lightspeed, the copyright owner, and/or Lightspeed’s customers (as applicable), if you knowingly and materially misrepresent that certain material is infringing, or was removed or disabled by mistake or misidentification.
It is Lightspeed’s policy, in appropriate circumstances, to suspend and/or terminate the accounts of repeat infringers.
For the purposes of this Policy, Lightspeed’s designated agent is as follows:
Lightspeed Commerce Inc.
ATTN: Legal Department, IP Agent
700 St-Antoine Est, Suite 300
Montreal, Quebec H2Y1A6