COPYRIGHT & TRADEMARK NOTICE
Copyright © 2015-2016. Mentor Ventures Inc. All Rights Reserved.
Product names, logos, designs, titles, words or phrases used on any Mentor Ventures Inc. products or services, including without limitation, Banana App, Founderfox, Eyelight and logos, are owned by Mentor Ventures Inc. its licensors, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Any use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
“Banana Content” means any and all Content (excluding User Materials) made available on Banana’s App and/or through Banana Services, including Content owned or controlled by Banana App and/or its corporate affiliates, as well as Content licensed or otherwise provided to Banana App by third parties for use, deployment, display, performance and/or distribution via the Banana App.
"User Materials" means Content which Users upload, submit, distribute or otherwise make available via the Banana App and WebSite and/or through the Banana Services, but excluding any and all Banana App Content.
Banana App respects the intellectual property rights of others and expects all Users to do the same. For claims of copyright infringement relating to Banana App Content and/or User Materials, Banana App and Mentor Ventures Inc. will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).
Pursuant to the requirements of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3), written notification of claimed copyright infringement must be submitted via U.S. registered mail to our Designated Agent as follows:
Mentor Ventures Inc.
Attn: Kori Handy
913-225th PL. SE
Bothell, WA 98021
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider 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;
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;
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.
Counter-Notification to Claimed Copyright Infringement
Pursuant to Sections 512(g)(2) and (3) of the DMCA, if a claim of copyright infringement has been asserted against you, you may elect to make a counter-notification with the Designated Agent identified above. Such counter-notification must contain the following information:
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 by you 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; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the federal district in which you are located (or Los Angeles County, State of California, if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If Banana App, and Mentor Ventures Inc. receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with Section 512(g)(2) of the DMCA.
Liability for Misrepresentation under the DMCA
Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents
that material or activity is infringing, or
that material or activity was removed or disabled by mistake or misidentification
will be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or others’ copyrights, please consult with a copyright attorney first.
For any Users who Banana App determines, in its sole discretion, are repeat infringers of third-party intellectual property rights, Banana will terminate their accounts and/or memberships, as the case may be, and prohibit them from creating new accounts with Banana.