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This Intellectual Property Policy is incorporated into The Exploratorium Terms and Conditions of Use, available at https://www.exploratorium.edu/about/use-policy, by reference.
The Exploratorium respects the intellectual property of others and takes the protection of intellectual property rights seriously, and we ask our users to do the same.
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:
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:
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.