DMCA Policy

Tidal Grass respects the intellectual property rights of others and expects users of our products and services to do the same. This DMCA Policy explains how to report material you believe infringes your copyright, how to respond if your material is removed by mistake, and the procedures we follow under the Digital Millennium Copyright Act (“DMCA”). This policy should be read alongside our Terms of Service and Privacy Policy.

How to report a DMCA violation

If you believe that material accessible on or through our products and services infringes your copyright, you can request its removal by submitting a written notice to using the contact details below. Before doing so, please first attempt to resolve the issue with the person who posted the material.

Procedures

If you are unable to resolve the dispute directly with the person responsible for the material, Tidal Grass will follow the procedures below with respect to Notices of Infringement and Counter-Notifications.

Prior to filing a Notice of Infringement

An owner of a copyright should conduct its own due diligence to ascertain whether it in fact owns the copyright to an original work and whether the content constitutes an unauthorized use of the content and/or infringes on the owner’s copyright, and should first have attempted to resolve the issue with the person responsible for the material.

Filing a Notice of Infringement

If the copyright owner’s investigation confirms that the owner actually owns the copyright and that the content is unauthorized or infringes on the owner’s copyright, the owner (the “Complainant”) should prepare and submit a Notice of Infringement to Tidal Grass through the Designated Agent. The Notice of Infringement should include all of the statutory requirements listed below and should be sufficiently detailed. Upon receipt, Tidal Grass will notify the person responsible for the material of the copyright infringement claim.

Resolving the Notice of Infringement

• To the extent that the Notice of Infringement properly alleges that the entirety of the content infringes on the Complainant’s copyright, Tidal Grass will disable access to or remove the material at issue.
• Where the Notice of Infringement properly alleges that only portions of the content infringe the copyrights of the Complainant, Tidal Grass may disable access to or remove only those specific portions.

Filing a Counter-Notification

Where allegedly infringing material was removed (or access to it disabled) in response to a Notice of Infringement, the person responsible for the material should consult with a professional and/or lawyer about their options and circumstances. If you believe that material you posted was wrongfully removed or access to it was disabled by mistake or misidentification, you can file a Counter-Notification with Tidal Grass through its Designated Agent. Tidal Grass will then promptly provide a copy of the Counter-Notification to the Complainant who originally filed the Notice of Infringement.

Right to file a lawsuit

Tidal Grass will promptly replace the removed material or restore access to it within ten (10) to fourteen (14) business days after receiving the Counter-Notification, unless Tidal Grass’s Designated Agent receives notice from the Complainant that it has filed an action seeking a court order to restrain the responsible party from engaging in infringing activity pursuant to Section 512(g)(2)(b) of the DMCA.

Notice of Infringement

Tidal Grass will promptly respond to Notices of Infringement that comply with applicable laws and this DMCA Policy. In the event you believe any material accessible on or through our products and services infringes your copyright, you may request removal of that allegedly infringing material (or access to it) by submitting a written notification to our Designated Agent identified below. Before doing so, please first attempt to resolve the issue with the person responsible for the material.

Pursuant to Section 512(c)(3) of the DMCA, the written notice must include the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed (or a representative list of works if the claim involves multiple works), including copies of, or references to, URLs where your copyrighted works reside so that we can verify that you are the copyright owner.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow Tidal Grass to locate that material.
• Adequate information by which Tidal Grass can contact you (including your name, mailing address, telephone number, and email address).
• A statement by you that you have a good faith belief that the use of the copyrighted materials is unauthorized by the copyright owner, its agent, or the law.
• A statement that the information in the Notice of Infringement is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice of Infringement may not be effective. Furthermore, if you knowingly and materially misrepresent that the material is infringing your copyright, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification

If you believe that material you posted was wrongfully removed or access to it was disabled by mistake or misidentification, you can file a counter-notification with Tidal Grass (“Counter-Notification”), pursuant to Section 512(g)(2) and (3) of the DMCA, by submitting written notification to our Designated Agent identified below.

Pursuant to the DMCA, the Counter-Notification must substantially include the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled, along with the location at which the material appeared before it was removed or access was disabled.
• Adequate information by which Tidal Grass can contact you (including your name, mailing address, telephone number, and email address).
• A statement by you, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement by you that you consent to the jurisdiction of the courts of Ontario, Canada (or, if you reside outside Canada, any judicial district in which Tidal Grass may be found) and that you will accept service of process from the person (or that person’s agent) who provided Tidal Grass with the Notice of Infringement at issue.

Please note that the DMCA allows Tidal Grass to restore the removed content if the party filing the original Notice of Infringement does not file a court action against you within ten (10) to fourteen (14) business days of receiving the copy of your Counter-Notification. You should also be aware that if you knowingly and materially misrepresent that the material was removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat offenders

It is Tidal Grass’s policy, in certain circumstances and in its sole discretion, to disable and/or terminate the accounts of users who are repeat infringers upon the copyrights or other intellectual property rights of others.

Contact

Tidal Grass’s designated copyright agent (“Designated Agent”) to receive DMCA Notices of Infringement and Counter-Notifications is:

Tidal Grass Inc.
Attn: DMCA
Email us at hello@tidalgrass.com