Our policy

PeakMetrics, Inc. ("PeakMetrics") respects the intellectual property rights of others and expects its customers and users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA").

This policy applies to all content stored on or made available through the PeakMetrics platform and services, including content that customers submit to PeakMetrics through our Custom Channels API or other upload features. Content submitted by customers is submitted at their direction and under their sole responsibility, as described in our Terms of Service and customer agreements.

How to submit a notice of infringement

If you believe content on the PeakMetrics platform infringes a copyright you own or are authorized to act for, send a written notice to our Designated Copyright Agent (below). Under the DMCA, your notice must include:

1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
2. Identification of the copyrighted work claimed to be infringed. If multiple works are covered by a single notice, a representative list of those works.
3. Identification of the material claimed to be infringing, with information reasonably sufficient for us to locate it. Because most PeakMetrics content is not publicly visible, please include as much identifying detail as you can, such as titles, source URLs, publication dates, or the customer or account you believe submitted the material, if known.
4. Your contact information, including your name, mailing address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.

Notices that do not substantially include these elements may not be processed.

Please note:Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees. If you are not sure whether material infringes your copyright, consider consulting a lawyer before sending a notice.

Designated Copyright Agent

Send notices and counter-notifications to:

This contact is for copyright notices only. Other inquiries sent here will not receive a response.

What happens after we receive a notice

When we receive a notice that substantially complies with the DMCA, we will act expeditiously to remove or disable access to the material identified. We will also make reasonable efforts to notify the customer or user who submitted the material and may provide them with a copy of the notice, including your contact information.

We may also remove or disable access to content, or suspend a customer's ability to submit content, at our discretion under our Terms of Serviceand customer agreements, whether or not a notice meets the DMCA's requirements.

Counter-notification

If material you submitted was removed or disabled and you believe this was a mistake or misidentification, you may send a counter-notification to our Designated Copyright Agent. It must include:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled, and where it appeared before it was removed or disabled.
3. A statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number.
5. A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which PeakMetrics may be found), and that you will accept service of process from the person who sent the original notice or that person's agent.

If we receive a valid counter-notification, we will send a copy to the person who submitted the original notice. We may restore the material in not less than 10 and not more than 14 business days after receiving the counter-notification, unless the original complainant notifies us that they have filed a court action seeking to restrain the alleged infringement.

A counter-notification addresses only the copyright claim. Restoring material under the DMCA does not limit our rights to keep material removed under our Terms of Service or customer agreements, including where we believe a customer lacked the right to submit it.

Repeat infringers

In appropriate circumstances, PeakMetrics will suspend or terminate the accounts or access of customers and users who are repeat infringers.

Other claims

The DMCA process applies only to copyright claims. If you believe content on our platform violates other rights, such as trademark rights, privacy rights, or the terms of a license or contract you have with a PeakMetrics customer, contact us at [email protected]. We will review those reports and may take action under our Terms of Service and customer agreements.

Changes to this policy

We may update this policy from time to time. The current version will always be posted on this page.