Copyright Infringement Notice & Takedown Policy
Notification of Infringement
Zendesk, Inc. (hereafter, “Zendesk”) abides by the federal Digital Millennium Copyright Act (DMCA) and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by legitimate copyright holders. As part of our response, we may remove or disable access to allegedly infringing material residing on Zendesk’s websites. Please note that Zendesk does not own or control third party websites, including websites belonging to Zendesk’s customers (“Subscribers”). Therefore Zendesk cannot necessarily remove content from the websites of its Subscribers.
To submit a copyright infringement notification to Zendesk, send a written communication to our Copyright Agent, as required by the DMCA, and provide the following information in writing:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the specific material that is claimed as infringing and information sufficient to permit Zendesk to locate that material (providing a URL is the best way to help us locate the content quickly);
- A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
- If you are not the copyright owner, a description of your relationship to the copyright owner;
- Your contact information, including your name, address, telephone number, and email address;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by Zendesk. Therefore, if you are not sure whether material infringes your copyright, you should first consider contacting an attorney.
Zendesk’s Response to Notifications
Zendesk will investigate all proper written notifications. Zendesk will expeditiously remove or disable any allegedly infringing content from Zendesk’s own websites.
If you believe that your copyright is being infringed by a Subscriber of Zendesk, we strongly encourage you to contact the Subscriber directly. Zendesk can only remove or disable allegedly infringing content associated with a Subscriber to the extent the content is hosted by Zendesk and relates to the Subscriber’s use of Zendesk’s Services. We will make commercially reasonable efforts to notify the affected Subscriber, and if requested, to provide the Subscriber with a copy of the DMCA notification. We may suspend or terminate access to the Service of Subscribers that repeatedly or egregiously infringe the copyrights of others.
If a Subscriber believes that their content was removed or disabled by mistake or misidentification, the Subscriber can send us a written counter notification that includes the following:
- The Subscriber’s contact information, including name, address, email address, and telephone number;
- 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 disabled;
- A statement that the Subscriber consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the Subscriber is located (or if the Subscriber is outside the U.S., the U.S. Federal District Court for the Northern District of California located in San Francisco, CA), and that you will accept service of process from the person who originally provided Zendesk with the notification of infringement;
- A statement under penalty of perjury that the Subscriber has 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; and
- A physical or electronic signature of the Subscriber;
Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Zendesk will only accept counter notifications that meet the requirements set forth above and are properly submitted to our Copyright Agent. Upon receipt of a proper written counter notification, Zendesk will provide the person that submitted the infringement notification with a copy of the counter notification. On or after 10 business days following receipt of the counter notification, Zendesk will restore the removed material to the Service unless our Copyright Agent first receives notice that a court action has been filed to restrain the Subscriber from engaging in infringement related to the allegedly infringing material.
Copyright Agent Information
Both infringement notifications and counter notifications should be submitted to our Copyright Agent using the following information:
Attention: Copyright Agent
Subject Line: DMCA Notification / DMCA Counter
Notification Email: email@example.com
Address: 989 Market St., San Francisco, CA 94103
Telephone: +1 415 418 7506
The full text of the Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/hr2281.pdf.