MINDBODY Intellectual Property Policy
MINDBODY respects the intellectual property rights of others, and we expect those who use our Services to do the same. This policy describes the process for submitting complaints concerning material on our Services.
This policy is subject to and forms a part of our Terms of Service. Capitalized terms that are not defined will have the meanings given to them in the Terms of Service.
1. Copyright Claims.
Infringing someone else’s copyright is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your copyright. If you believe in good faith that any material available on the Services infringes your copyright, you (or your agent) may notify our designated Copyright Agent in writing at:
ATTN: MINDBODY Copyright Agent
4051 Broad Street Suite 220
San Luis Obispo, CA 93401
To be effective, your notice must be in writing and must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyrighted work claimed to have been infringed.
- An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works claimed to have been infringed.
- Identification of the material on our Services 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 us to locate the material on our Services.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may provide notice of alleged copyright infringement to our subscribers through our Software Service, by sending an email, or by written communication sent to the subscriber’s physical address contained in our records.
If you receive a notice of alleged copyright infringement from us, you may elect to provide counter notification in writing to our Copyright Agent. To be effective, your counter notification must be provided in writing to our Copyright Agent and must include 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 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 of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provide is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the complaining party who provided us with a notice of infringement or an agent of such person.
Please do not make false claims of copyright infringement. Under the Digital Millennium Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to monetary liability.
2. Trademark Claims.
Infringing someone else’s trademark rights is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your trademark rights. If you believe in good faith that any material available on the Services infringes your trademark, you (or your agent) may notify us in writing at:
ATTN: MINDBODY Legal
4051 Broad Street Suite 220
San Luis Obispo, CA 93401
You may be required by law to include certain information in your trademark infringement notice to us, therefore we suggest seeking legal advice prior to submitting a claim of this nature. At a minimum, your written notice should include the following:
- Your physical or electronic signature or that of the individual authorized to act on the trademark owner’s interest.
- Trademark name, registration number (if applicable), registration country, legal owner.
- Description of where the content is located on our Services.
- Description of how the trademark is allegedly infringed.
- Statement that you declare, under penalty of perjury, that (a) you are the owner of, or you are otherwise authorized to act on behalf of the owner of, the trademarks that you alleged are infringed; (b) the information you have provided in your notice to MINDBODY is accurate and complete; (c) you have a good faith belief that the use of the trademark in the manner described in the notice is not authorized by the trademark owner or otherwise permitted under applicable law.
Note that before you submit a notice of trademark infringement to us, you may find it useful to contact the individual or entity who posted the content or material that you believe is infringing, as it is possible that by bringing it to their attention you may be able to resolve the matter without us. Keep in mind, however, if you choose to contact the individual directly instead of submitting a claim to us, we will not receive a copy of your message and will not be aware of the issue.
MINDBODY will review all properly submitted claims, which may result in us removing the reported content from the Services. In some instances MINDBODY may need, in its sole discretion, to remove the content prior to contacting the party that posted it. If the content is removed, the party that posted the content will receive a notice from MINDBODY letting them know that the content they posted was removed because of your claim. MINDBODY will provide them with a copy of your submission including the contact information you provided to us, the name of your organization or whom you represent, if any, and the contents of your claim.
If you believe in good faith that your content should not have been removed from the Services, we suggest you first reach out to the party that filed the trademark infringement notice and try to resolve the matter directly. The notice we provide to you will detail how to contact MINDBODY and any information needed in your counter-notice for us to assess whether your content should be restored. We will review all properly submitted counter-notices, and if we determine that the content should not have been removed, we will restore it and notify you.