ACTIVE Copyright and Trademark Policy

Active Network, LLC (“Active”) takes the intellectual property rights of others seriously and requires that our clients do the same. In accordance with applicable law, including the Digital Millennium Copyright Act of 1998 (“DMCA”), Active will respond expeditiously to claims of copyright infringement committed using Active’s services and/or any Active website (the “Services”) if such claims are reported to Active's Designated Copyright Agent identified below. Active may update this policy from time to time.

Notice of Alleged Infringement (“Notice”)

If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through the Services (“Notice”), please send the following information to legalnotice@activenetwork.com. Alternatively, you may mail the Notice to:

Copyright Agent
Active Network, LLC
3400 N. Central Expressway, Suite 300
Richardson, TX 75080

Your Notice must include:

• A description of the copyrighted work that you claim is being infringed;
• A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
• Your name, title (if acting as an agent), address, telephone number, and email address;
• The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
• The following statement: “The information in this Notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
• An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Active may take any action it deems appropriate or required by law following receipt of a Notice, including removal of or restriction of access to the relevant material.

Counter Notice Requirements

If you believe in good faith that a Notice was wrongfully submitted concerning material that you uploaded to the Services, then you may submit a counter-notice to legalnotice@activenetwork.com, in which case Active will provide your counter-notice to the party that filed the original Notice. If the party that submitted the Notice does not file a lawsuit against you and notify Active within ten (10) to fourteen (14) business days following Active’s receipt of your counter-notice, then Active will replace your content.

For purposes of the DMCA, the counter-notice is a legal document that must comply with the requirements of the DMCA by including the following:

• ‍Contact Information: Your name, title (if acting as an agent), physical address, email address, and phone number;‍
• Content Identification: A reasonable identification of the material that has been removed or to which access has been blocked;‍
• Statement under Perjury: The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”;‍
• Consent to Jurisdiction: One of following statements (as appropriate):
     - If based in the United States: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my provided address is located”
      - If based outside of the United States: “I consent to the jurisdiction of any United States Federal District Court in which Active may be found”‍
• Consent to service of process: The following statement: “I will accept service of process from the person who provided the original notification or an agent of such person"; and‍
• Signature: An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

Active Policy Regarding Repeat Infringers

Active reserves the right to terminate the access and/or use privileges of any person who has been determined to be a ‘repeat infringer’ of the copyrights of Active or others. Active reserves the right to define the criteria by which Active will determine that a person is a ‘repeat infringer.’ In the event that ‘repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, Active will adopt that definition as a minimum standard. Without limiting Active’s right to define ‘repeat infringer,’ as a general rule, Active will define a ‘repeat infringer’ as any person or entity about whom Active has received two or more Notices. Active will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.

REGARDLESS OF WHETHER ACTIVE TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, ACTIVE IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL ACTIVE INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF THE SERVICES.

Trademark Removal Requests

If you believe in good faith that material on the Services infringes your trademark, you may provide the following information to legalnotice@activenetwork.com to request removal:

• Details of the original trademark (and a description if it is a logo).
• A list of the countries in which the trademark is registered.
• The registration number(s) of the trademark.
• A scanned copy of the trademark registration certificate(s) or screenshot of the registration on the website or database of the applicable national intellectual property office(s).
• A declaration of the following statement: “By submitting this notice, I state that I have a good-faith belief that the reported use, in the manner that I have complained of, is not authorized by the intellectual property rights owner, its agent or the law; that the information contained in this notice is accurate; and, under penalty of perjury, that I am authorized to act on behalf of the owner of the intellectual property rights at issue”.

Active may take any action it deems appropriate or required by law following receipt of a trademark removal request, including removal of or restriction of access to the relevant material.