The Exploratorium Intellectual Property Policy
Our intellectual property policy is to: (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on this website (“Website”); and (ii) remove any content made available on the Website by “repeat infringers.” We consider a “repeat infringer” to be any person who has posted content to the Website and for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such content. We have discretion, however, to terminate any user’s right to use the Website after receipt of a single notification of claimed infringement or upon our own determination.
Reporting Claims of Infringement
We will respond to notices of alleged infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your intellectual property rights, then you may request removal of those materials (or access to them) from the Website by submitting written notification to our agent designated below. We may share that notification with the person alleged to have infringed a right you own or control, and you consent to us making such disclosure. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent to receive DMCA notices is:
Manager, COO's Office
Pier 17, Suite 100
San Francisco, CA 94111
Phone: (415) 528-4456
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your intellectual property rights, then you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notification of claimed infringement.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, then you may file a counter-notification with us by submitting written notification to our agent designated above. Pursuant to the DMCA, the counter-notification must include the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you 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;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which may be found, and you will accept service of process from the person who provided the notification of claimed infringement in accordance with the requirements set forth above or an agent of such person
The DMCA allows us to restore the removed content if the party filing the original notification of claimed infringement does not file a court action against you within ten business days of receiving the copy of your counter-notification.
A party submitting a counter-notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter-notification under the Copyright Act. If you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, then you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. You should consult a lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid counter-notification.