Copyright & Trademark Policy

My ePD respects the intellectual property rights of others, and we ask all our users to do the same. The following intellectual property infringement policy has been established in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. If we receive a valid infringement Notice from a copyright or trademark owner that meets all of the requirements listed below, we comply with the law and remove the content from our site. As a service provider hosting content produced by others, My ePD is not in a position to make legal judgment calls or resource comparisons; therefore, we must rely on formal Notices to take action.

If we find that a member of our site has violated this policy repeatedly or egregiously, we will close that user’s store and we reserve the right to take further action.

This policy provides instructions on how to submit a formal Notice. If you have any other questions or concerns about our service or policies, please contact us here. My ePD cannot offer legal advice or guidance. If you have questions about your resources, copyright or trademark law, fair use exceptions, intellectual property, or anything related to copyright and trademark, please discuss them with an attorney.

Terms

These are very broad definitions that may be helpful; however, they should in no way be interpreted as either legal definitions or legal advice:

Intellectual Property is an umbrella term that encompasses trademark, copyrights, and patents.

Copyright refers to the rights of a creator or author of a unique piece of work to protect against copying, display, reproduction, creation of derivative pieces, and so forth.

Trademark refers to a word, phrase, logo, symbol, mark, or design used to identify a particular brand as distinct from other brands or products. For example, Popsicle is a trademarked name used to identify a certain brand of frozen, flavored ice treat on a stick and Chapstick is a trademarked name used to identify a specific brand of lip balm.

DMCA refers to the Digital Millennium Copyright Act

NOTICE AND TAKEDOWN PROCESS

We work diligently to respond quickly to notices of alleged copyright or trademark infringement. As required by the law, we have assigned a Designated Agent, named below, to receive infringement claims.

• Identification of your intellectual property that you claim has been infringed upon on our website;
• Identification of the material that you claim has infringed on your intellectual property, including:
• Your contact information, including your full name, mailing address, telephone number, and email address;
• Statement by you, stating that you have a good faith belief that the disputed use of the work is not authorized by the intellectual property owner, its agents, or the law;
• Statement by you stating that, under penalty of perjury, the information provided in your notice is accurate and that you are the intellectual property owner or are authorized to act on behalf of the owner;
• Electronic or physical signature of the person authorized to act on behalf of the copyright holder.
• an explanation of how the material identified is using your intellectual property in a way that constitutes infringement, AND
• a description of where the material you’ve identified is located on the My ePD website, with sufficient detail to allow us to find the material (A URL of the resource page is best).

According to Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney's fees.

In order to help us quickly address your Notice, please be sure you have included all required pieces of information. In addition, please include any other information that will allow us to verify the status of the work you claim has been infringed (i.e.: a copy of the trademark or copyright registration for the work).

Please help us expedite the processing of your request and ensure that all of the infringing content is removed by making sure your notice is as specific as possible about where your copyright and/or trademark appears on our site. For example, identify each place it appears in a course, a resource, the name of a store, the title of a course, or the name of an instructor.

What happens after you submit your Trademark Notice(s)?

If your Notice of Trademark Infringement contains all of the required information, we will consider your request and take whatever action we believe in good faith to be appropriate.

What happens after your submit your Copyright Notice(s)?

We will review your Notice of Copyright Infringement to ensure it contains all the required information. The more specific your explanation is about which parts of a resource you believe are infringing, the quicker it will be for us to process your request and ensure that the infringing content is removed. When we do take action on a notice, we reach out to the member who posted the content, forward them your notice, and remove the material from our site.

The user who posted the content has a legal right to submit a Counter-Notice (described in more detail below) if they believe that the content was misidentified as infringing or was removed by mistake. If we receive a complete Counter-Notice, we will forward it to you. It is your responsibility to take further legal action to protect the work. The law gives you 10 days to let us know you have done so. Otherwise, we are required by law to allow the individual to repost the content.

Copyright Counter-Notice Process

If you have received a Notice of Copyright Infringement from us about one or more of your courses or resources and you wish to dispute the claim that your work is violating the copyright of the notifier, you can submit a Counter-Notice to our Designated Agent, named below. A reply to the email we sent you is a valid way to submit a Counter-Notice. Your Counter-Notice must contain all of the following information:

• Identification of your material that has been removed, including a description of where the material appeared on www.myepd.com before it was removed or disabled (a URL is best);
• Statement by you stating that, under penalty of perjury, you have a good faith belief that the material was removed as a result of a mistake or misidentification of the material in question;
• Your contact information, including full name, mailing address, telephone number, and email address;
• Statement by you stating that:
• Your electronic or physical signature.

a. you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which My ePD is located, and

b. that you will accept service of process from the person who provided notification of the alleged infringement;

After You Submit Your Counter-Notice

If your notice includes all of the above information, we will forward it to person(s) who sent the original notice. By law, they have 10 days to let us know if they have initiated further action to legally protect their work. If so, we must respect that and your material must remain blocked from the site. If we do not receive anything from them, we will put your course or resource back up at the end of that 10 day period.

Designated Agent & Contact Information

You can submit a Notice or Counter-Notice to our Designated Agent by email or mail using the following contact information:

Email Address

[email protected]

Mailing Address

My ePD

Attn: Sherri Tyler

PO Box 64485

This contact information should be used only to submit formal Notices or Counter-Notices. If you have any other questions or concerns relating to our service or policies, please contact us here and a member of our support team will get to back to you very soon. My ePD is not able to offer you legal advice or guidance; therefore, should you have questions about copyright or trademark law, fair use exceptions, or the like, please discuss them with an attorney.

Last Updated: November 1, 2016