Sparkler Copyright Policy
Last Updated September 19, 2021
Sparkler Learning, Inc. (“Sparkler”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the designated Copyright Agent to receive Notification of Claimed Infringement ("Copyright Agent") is listed at the end of this Policy. It is Sparkler’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.
Filing Notice. If you are a copyright owner or an agent thereof, and believe that any content on Sparkler Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). Upon receipt of the Notice as described below, Sparkler will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.
Identification of the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by the notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Sparkler is capable of finding and verifying its existence including, at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
Contact information about the notifier including address, telephone number and, if available, e-mail address.
Include the following statements in 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 infringing.”
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Deliver a copy of the notice to Sparkler’s Designated Copyright Agent:
c/o Sparkler Learning, Inc.
310 W. 72nd Street, 8A
New York, NY 10023
Filing Counter-Notice. If your content was removed under the notice and counter-notice procedures of the DMCA, you will receive instructions about the counter-notification process, including how to file a counter-notification, in the warning we send you. When we receive an effective DMCA counter-notification, we promptly forward it to the reporting party. If the reporting party does not notify us that they have filed an action seeking a court order to restrain you from engaging in infringing activity on Sparkler related to the material in question within 10-14 business days, we may restore or cease disabling eligible content under the DMCA. In rare instances, we may not be able to restore content due to technical limitations. In that event, we’ll send you an update letting you know you may repost the content to the site at your discretion. Restored content will not be counted against you if your account is ever reviewed for potentially violating our policies about repeat infringement.