Last Updated September 1, 2023
Mode Analytics, Inc. ("Mode") respects the copyright and other intellectual property rights of others and expects users of our website and data analysis service (collectively, the "Service") to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Service and terminate the accounts of any users of the Service who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Notification of Alleged Copyright Infringement
If you believe that any content uploaded or otherwise made available on the Service infringes upon any copyright which you own or control, pursuant to the DMCA you may notify our designated DMCA agent with a written communication that contains substantially the following:
Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works are covered by your notification, you may provide a representative list of such works.
Identify the URL or other specific location on the Service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (for example, as a "fair use"), and another statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
Include your name, mailing address, telephone number and email address.
Submit your notice to our designated DMCA agent by mail or email as set forth below:
Mode Analytics, Inc. Attn: Designated DMCA Agent 3089 22nd Street #3 San Francisco, CA 94110 Phone: (415) 640-2026
Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Service is copyright infringing.
Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.
If you believe your copyrighted material has been removed from the Service as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
All of the following statements:
"I consent to the jurisdiction of the Federal District Court in which my address is located, or if my address is outside the United States, the judicial district in which Mode Analytics, Inc. is located."
"I will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent."
"Under penalty of perjury, I have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
Your name, address, telephone number, email address, and if applicable, username associated with Service.
Your physical or electronic signature.
You may submit your counter-notification letter to our designated DMCA agent by mail or email at the contact information noted above. Upon receipt of your counter-notification letter, we will forward it to the original complainant. Accordingly, submitting a counter-notification constitutes your consent to disclosure of your information in the aforementioned manner.
If you send us a valid, written counter-notification letter meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our designated DMCA agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in pringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. If you are unsure of whether you own all the necessary rights to the material that is the subject of the complaint, filing a counter-notification may be inappropriate. However, you may contact the original complainant directly to seek a retraction of their claim.
We will consider any retraction of a copyright complaint from the original complainant that is sent from the same address as the original copyright complaint.
If you are the original complainant and seek to retract your complaint, please provide our designated DMCA agent with a written communication with the following information:
The statement, with fields in all-caps completed: "I hereby retract my claim of copyright infringement sent on (DATE OF ORIGINAL COMPLAINT) regarding (BRIEF DESCRIPTION OF COMPLAINT) located at (PROVIDE URL OR OTHER SPECIFIC LOCATION ON THE SERVICE THAT CONTAINS THE CONTESTED MATERIAL)."
Your physical or electronic signature.
If you are the alleged infringer and seek to contact the original complainant, please write or email the original complainant at the address provided in the copyright complaint furnished to you, and have the original complainant contact us directly with their retraction following the procedure listed above for retractions by original complainant. Please be aware that you are responsible for any communications sent by you to the original complainant.