Byrst, Inc. (“Byrst”) provides a service relating to the production of digital three-dimensional models using user-provided images (the “Services”), and its users are independent individuals or entities that use the Services and are not controlled by Byrst. Byrst does not undertake any responsibility or liability for their acts or omissions.

Copyright Infringement Claims

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), copyright owners have the right to notify Byrst if they believe that a user of the Services has infringed the copyright owner’s work(s). If you believe that a user of the Services has copied your work in a way that constitutes copyright infringement, you should consult an attorney and you may file a Notification of Claimed Infringement (a “Notification”) with Byrst’s designated agent, by sending the Notification to: ip@byrst.com

The words “DMCA Notice” should be put in the subject line of all such Notifications. Any such Notification should be in writing and contain substantially the following information to reasonably permit Byrst to evaluate and respond to the claim:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the 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 Byrst to locate the material.
4. Information reasonably sufficient to permit Byrst to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notices complying or substantially complying with the DMCA, as specified above, Byrst will act expeditiously to remove, or disable access to, the material claimed to be infringing or claimed to be the subject of infringing activity.

Claimed Infringement of Other Intellectual Property Rights, Including Trademarks

In the case of a claim of infringement of a trademark, service mark, trade dress, name, or other intellectual property right that is not covered by the DMCA (an “IP Right”), Byrst will respond to written notification of such claimed infringement in accordance with applicable laws. The written notification should include the following:

1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the IP Right that is allegedly infringed, and identification of such owner
2. Identification of the IP Right that is claimed to be infringed and information that establishes that the named owner possess the IP Right allegedly infringed.
3. Identification of the usage or material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Byrst to locate or view the usage or material and to identify the person that is responsible for the claimed infringement.
4. Information reasonably sufficient to permit Byrst to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A representation and warranty that the complaining party has a good faith belief that the usage or material in the manner complained of is not authorized by the owner of the IP Right identified, its agent, or the law.
6. A representation and warranty that the information in the notification is accurate and that the complaining party is the owner or is authorized to act on behalf of the owner of the IP Right that is allegedly infringed.

Any person or entity delivering a Notification relating to a claimed infringement by a user of the Services should also notify that user.

Certain Other Matters; Disclaimer of Liability

If Byrst receives notification of a claim of infringement by a user of the Service, Byrst may forward it to the user or otherwise provide the user an opportunity to respond. Byrst may also provide the complaining party the response(s), if any, submitted by the user. For clarity, the foregoing are responsive options available to Byrst; Byrst undertakes no obligation to do any of the foregoing.

To the fullest extent permitted by applicable law, Byrst disclaims any and all responsibility and liability for the acts and omissions of users of the Services, including, without limitation, infringement of any IP Rights by such users. By posting or implementing the foregoing Policy or otherwise responding to any infringement claim, Byrst does not undertake or assume any obligation or liability that it would not otherwise have under applicable law.

The foregoing policies and procedures may change from time to time, without notice. Any changed policies or procedures will be posted here.