Digital Millennium Copyright Act Policy

It is the policy of Evenly Odd, Inc. (d/b/a Knack), a Pennsylvania Corporation (“Knack”) to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, https://copyright.gov) and other applicable intellectual property laws.

Infringement Notification

To file a notice of infringement with Knack, you must provide a written communication to Knack by mail that sets forth the items specified below.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Pursuant to Section 512(c) of the United States Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, and to expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above and information reasonably sufficient to enable Knack to locate the material (for example, a URL to the relevant page).
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred, however please also include address, phone number, and fax number).
4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am duly authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. Sign the paper.
7. Send the written communication to the following address: Knack Attn: Legal, DMCA Complaints

502 W 7th Street, Suite 100, Erie, PA 16502

If we receive a notification that meets all of the requirements listed above we will:

1. Reply to your notification to confirm its receipt.
2. Send the applicable Knack customer written notification, along with a copy of your notification, requesting removal of the allegedly infringing material and requiring that confirmation of the removal be sent to Knack within twenty-four (24) hours.
3. Disable access to the allegedly infringing material or the applicable customer’s account if the customer fails to remove the allegedly infringing material and/or fails to inform Knack of the removal within such twenty-four (24) hour period.
4. Subject to the counter-notification requirements set forth below, send you notice of the applicable customer’s counter-notification, if any, and our intent to re-enable access to the material or the account, if applicable, within ten (10) to fourteen (14) days of Knack’s receipt of any customer counter-notification.
5. If Knack sends you notice of the applicable customer’s counter-notification, please send notice to Knack that you have filed an action seeking a court order to restrain the customer from engaging in the infringing activity. YOUR NOTIFICATION OF FILING AN ACTION MUST BE RECEIVED BY APPNOWGO PRIOR TO APPNOWGO’S RE-ENABLING THE APPLICABLE ACCOUNT OR RE-ENABLING ACCESS TO THE APPLICABLE MATERIAL.

Knack will, upon receipt of your notice of filing an action:

1. Inform the applicable customer of your notice of filing an action seeking a court order and that access to the applicable account or material will remain disabled; and
2. Refrain from re-enabling the applicable customer’s access to the applicable account or information.

Counter-Notification

If Knack receives a notice that our network, system(s), and/or server space assigned to your account contain material that is claimed to be infringing upon the exclusive copyright of the sender of that notice, then pursuant to Section 512 of the United States Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Knack is required to respond expeditiously to remove the material that is claimed to be infringing.

Knack requests that, within twenty-four (24) hours of receiving a notice from Knack of alleged copyright infringement, you immediately remove the allegedly infringing material and notify Knack that you have done so; otherwise, Knack will disable access to the applicable material or disable access to your account. If you believe in good faith, however, that the allegedly infringing material that has been removed or to which access has been disabled was done so by mistake or misidentification, you may make a counter-notification pursuant to Sections 512(g)(2) and (3) of the United States Copyright Revision Act, as enacted through the Digital Millennium Copyright Act. If and when we receive such a counter-notification, we will reinstate the material in question.

To file a counter-notification with us, you must provide a written communication to Knack by mail that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter-notification, please use the following format (including section numbers):

1. Identify the specific URLs and material that Knack has removed and/or the specific account(s) to which Knack has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Philadelphia County, Pennsylvania if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of Section 512 or an agent of such person.
3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that all of the content identified above was removed or disabled, as applicable, as a result of a mistake or misidentification of the material to be removed or disabled.”
4. Sign the paper.
5. Send the written communication to the following address:
   Knack Attn: Legal, DMCA Complaints
   502 W 7th Street, Suite 100, Erie, PA 16502

If we receive a counter-notification that meets all the requirements listed above we will:

1. Reply to your notification to confirm its receipt.
2. Send the original complainant written notice of your counter-notification and inform such original complainant that access to the applicable material will be re-enabled within ten (10) to fourteen (14) days of Knack’s receipt of your counter-notification unless the complainant provides written notification to Knack that it has filed an action in court to restrain access to the allegedly infringing material.
3. Enable access to the allegedly infringing material and/or your account within ten (10) to fourteen (14) days of Knack’s receipt of your counter-notification unless the complainant provides written notification to Knack that it has filed an action in court to restrain access to the allegedly infringing material.