Terms & Policies

Copyright Policy

DMCA procedure

Updated: 25 September 2013

Nitro Software, Inc respects the copyright rights of others and has adopted the following procedure regarding the removal of allegedly infringing materials from Nitro's web sites, consistent with the removal notification and counter-notification provisions of the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

The DMCA provides a process for an owner of copyrighted material to notify an online service provider of alleged copyright infringement. Upon receipt of a valid DMCA removal notification (described below), Nitro will remove or disable access to the allegedly infringing content and take reasonable steps to contact the party that originally posted that content to allow it to file a counter-notification that indicates that it had the right to post the content. Upon receipt of a valid counter-notification (also described below), Nitro may restore the content in question, unless it receives timely notice from the party that requested removal that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

By submitting either a removal notification or a counter-notification as described herein, the submitting party acknowledges and agrees that Nitro may provide copies of such notices and any information contained therein to the other participants in the dispute or to any other third parties deemed necessary by Nitro. Please note that federal law provides that any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees.

Removal Notification

If you believe someone has posted your copyrighted material on a Nitro web site and wish to have it removed, please send a removal notification to Nitro's designated copyright agent as provided below. To be considered valid, your request for removal must be written and include the following:

Promptly after receipt of a valid removal notification, Nitro will remove or disable access to the allegedly infringing content. Nitro will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send Nitro a written counter-notification as provided below.

Counter-Notification

In response to Nitro's receipt of a valid removal notice and removal of material, if you believe that the allegedly infringing material is not infringing and want Nitro to restore it on its web site, please send a counter-notification to Nitro's designated copyright agent as provided below.

To be considered valid, your counter-notification must be written and include the following:

Promptly after receipt of a valid counter-notification, Nitro will forward it to the party who submitted the original removal notification. After Nitro sends out the counter-notification, the party that submitted the original removal notification must then notify Nitro within 10 business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity. If Nitro receives such notification, it will not restore the material. If Nitro does not receive such notification, Nitro may reinstate the material within 10 to 14 days of receipt of the valid counter-notification.

Where to Send Notices

All notices should be sent to Nitro's designated copyright agent using the following contact information:

Nitro Software, Inc

Attn: Agent for DMCA Notices

150 Spear Street, STE 1500

San Francisco CA 94111

USA

Alternatively, you may email your notice to:

privacy@gonitro.com Please indicate either "DMCA Removal Notification" or "DMCA Counter-Notification" in the subject line.

Or fax it to:

(415) 369-9097

Attn: Agent for DMCA Notices

  1. A statement that you are the owner of the material that has allegedly been infringed, or a statement that you are authorized to act on behalf of the owner of the material that has allegedly been infringed.
  2. Your name, address, telephone number and, if available, an email address so that Nitro may contact you.
  3. A statement identifying the material that you believe to be infringing and information reasonably sufficient to permit Nitro to locate that material. (If you believe multiple copyrighted works have been infringed, you can submit a single notification with a representative list of the allegedly infringed works.)
  4. A statement that you have 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.
  5. A statement, under penalty of perjury, that the information in the removal notification is accurate.
  6. Your signature. (The signature may be electronic.)

  1. Your name, address, telephone number and, if available, an email address so that Nitro may contact you.
  2. A statement identifying 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.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.
  4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or for San Francisco County, California, if your address is outside of the United States), and that you will accept service of process from the person who sent the removal notice or an agent of such person.
  5. Your signature. (The signature may be electronic.)