Last Updated February 8, 2023
If you believe that material hosted on the Fierce Platform infringes your copyright or trademark rights, please file a notice of infringement as provided herein. Please read this entire document before submitting a notice.
COPYRIGHT/TRADEMARK INFRINGEMENT NOTICE – FRAMEWORK AND REQUIREMENTS
The Digital Millennium Copyright Act (“DMCA”) requires hosting providers to remove or disable access to potentially infringing content upon receipt of a notice that meets certain requirements. For content hosted by Fierce Technology, Inc. (hereafter, “Fierce”) Fierce’s policy is to comply with notices alleging copyright infringement pursuant to the DMCA. Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright owners, as well as requirements for submitting a counter-notification by an affected party. Fierce applies a similar framework to allegations of trademark infringement.
We send a copy of each notice we receive to the alleged infringer, if applicable.
To submit a notice alleging trademark or copyright infringement, you need to provide us with the following information:
- An electronic or physical signature (typing a full name in the reporting form or an email will be sufficient) of the copyright or trademark owner or a person authorized to act on behalf of the owner;
- A description of the material that you claim has been infringed: a. For copyright, please identify and describe the copyrighted work, and provide a URL where we can see an example of the copyrighted work; b. For trademark rights, include the basis for your claim, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction, and the description of goods and/or services for which you claim rights;
- Identification of the claimed infringing material, including the URL(s) of such material on Fierce’s applications, websites, or services;
- Contact information, including the name of the owner of the copyright or trademark at issue and your name, title, address, telephone number, and email address;
- A statement that you have a good faith belief that the claimed infringing material is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner.
SUBMITTING A COPYRIGHT/TRADEMARK INFRINGEMENT NOTICE
If you believe that third-party material hosted by, posted on, or accessible through Fierce’s applications, websites, and services infringes your copyright or trademark rights, please send a notice of infringement (including all the information listed above) to: [email protected]. You may also send a notice of infringement (including all the information listed above) to: Fierce Technology, Inc. Attn: Copyright/Trademark – Legal, 14 Wall Street, 20th Floor, New York, NY 10005. By submitting the infringement notice, you acknowledge and agree that Fierce or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material.
Copyright laws of the United States require you to consider copyright defenses, limitations, or exceptions, such as the fair use doctrine, before sending a notice. If you are not sure whether the material infringes your copyright or whether the fair use doctrine applies, we suggest you contact an attorney. Please be aware that under 17 U.S.C. (s) 512(f) of the DMCA, you may be liable for any damages, including costs and attorneys’ fees incurred by us or our merchants, if you knowingly and materially misrepresent that an activity or material is infringing.
SUBMITTING A COUNTER-NOTICE TO CHALLENGE A COPYRIGHT/TRADEMARK INFRINGEMENT NOTICE
If your material has been removed or disabled as a result of an infringement notice and you believe that your material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to: [email protected]. You may also send a counter-notice to: Fierce Technology, Inc. Attn: Copyright/Trademark – Legal, 14 Wall Street, 20th Floor, New York, NY 10005.
The counter-notice must include:
- Your physical or electronic signature;
- 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 to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Fierce may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Fierce or its designated agent will forward your counter-notice to the party who submitted the infringement notice. If the copyright or trademark owner does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from Fierce, then Fierce may reinstate the removed or disabled material.
RIGHT OF PUBLICITY AND PERSONAL LIKENESS INFRINGEMENT POLICY
If you believe that content hosted by, posted on, or accessible through Fierce’s applications, websites or services uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the customer directly about your concerns. If that does not resolve your concerns, you may submit a notice to [email protected]. You may also send a notice to: Fierce Technology, Inc. Attn: Copyright/Trademark – Legal, 14 Wall Street, 20th Floor, New York, NY 10005.
REPEAT INFRINGER POLICY
Fierce’s policy is to suspend or terminate the accounts of repeat infringers. The manner in which we apply that policy may depend on relevant aggravating or mitigating circumstances, if any, but generally we will terminate an account if it is the subject of three valid infringement notices.
FIERCE TRADEMARKS, LOGOS, AND BRAND
We love all of the passion and enthusiasm for the Fierce Platform, but we must be mindful of our brand identity, our reputation, and the goodwill developed under our trademarks, logos, product designs, trade dresses, user interfaces, and other assets. That means that we must ensure that these assets are used only with our permission. For example, only Fierce (and its affiliated companies) and its authorized licensees may use the Fierce Logo in advertising, promotional, and sales materials. Licensees may use Fierce assets only as specified in their license agreement with Fierce and pursuant to applicable guidelines.
If you have any questions, or if you see our trademarks being misused, please contact [email protected].
The following is a non-exhaustive list of FIERCE trademarks.
- FIERCE Logo
- FIERCE TECHNOLOGY
- FIERCE SUPERAPP
- FIERCE CASH
- FIERCE STOCKS
- FIERCE CRYPTO
- FIERCE REWARDS
- FIERCE DEBIT
- FIERCE CREDIT