PresenceLearning, Inc. and its affiliates (“Presence,” “We,” or “Our”) have adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”). This policy applies to our website, platform, systems, and services (collectively, “Systems”). We may update or modify this Copyright Policy from time to time to ensure compliance with applicable law or to reflect changes in our services. 

1. Designated Agent

Presence has designated an agent to receive notifications of claimed copyright infringement (“Designated Agent”). All notifications should be sent to:

PresenceLearning, Inc.
Attn: Legal Department
530 Seventh Ave, Suite M1
New York, NY 10018
Email: copyright@presence.com; privacy@presence.com

2. Prohibited Conduct

Users of Our Systems may not post, upload, modify, distribute, or reproduce in any way any content that infringes another person’s or entity’s copyright, trademark, right of publicity, or other proprietary right. Users are solely responsible for ensuring that their content does not violate any applicable laws or third-party rights.

3. Procedure for Reporting Copyright Infringement

If you believe that material on our Systems infringes your copyright, please provide a written notification (“Notice”) to Our Designated Agent that includes the following information:

• An electronic or physical signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate the material (e.g., a URL);
• Contact information for the notifying party, including address, telephone number, and email address;
• A statement that the notifying party has a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying party is authorized to act on behalf of the copyright owner.

Please note that submitting a false claim may result in legal consequences. Before submitting a Notice, consider whether the use of the material in question may be permissible under the fair use doctrine.

4. Once a Proper DMCA Notice Is Received

Upon receipt of a valid Notice, Our Designated Agent or authorized team will:

1. Review the Notice and the identified material and investigate the claim.
2. If We conclude there is infringement or if removal is otherwise appropriate under the DMCA, We will remove or disable access to the material.
3. If applicable, We will notify the user responsible for posting the material that it has been removed or disabled.
4. We may deny or terminate access to the Systems for any repeat offenders of this policy.

5. Counter-Notice Procedure

If you believe your material was removed (or disabled) as a result of an error or misidentification, you may send a Counter-Notice to our Designated Agent. The Counter-Notice must include all of the following:

1. Identification of the material that has been removed or disabled, including the specific location (e.g., URL) where it appeared before removal;
2. A physical or electronic signature of the user submitting the Counter-Notice;
3. A statement under penalty of perjury that the user has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
4. The user’s name, address, telephone number, and email address (if available); and
5. A statement that the user consents to the jurisdiction of the federal court in the district where their address is located, or if the user’s address is outside the United States, then the user consents to the jurisdiction of the federal courts in which Presence is located, and that the user will accept service of process from the person who provided the original DMCA Notice or their agent.

Upon receipt of a valid Counter-Notice, We will:

1. Forward a copy of the Counter-Notice to the original complaining party.
2. The original complaining party will have ten (10) business days to respond with evidence that they have initiated a court action to prevent the material from being restored. We are required by law to wait for this period before We may restore the disputed material. If We do not receive a response from the original complaining party, We may, in our sole discretion, restore the removed material or restore disabled access.

Important: When We forward the Counter-Notice, it will include any personal information you provide. By submitting a Counter-Notice, you consent to having your information disclosed in this manner.

We can only accept a counter-notification directly from the user from whose account the allegedly infringing content has been removed or has had its access disabled. For our verification purposes, counter-notifications sent by email should be submitted from the same email address associated with the account.

6. Retractions

If you submitted a DMCA Notice and wish to retract it (e.g., you have changed your mind or resolved the matter privately with the user), you may do so by sending a written retraction to Our Designated Agent. Include:

1. A clear statement that you are retracting your DMCA Notice;
2. An identification of the allegedly infringing materials, and if applicable, the associated URLS or links referenced in your original DMCA Notice; and
3. Your electronic or physical signature (including first and last names; no company names). If you sent your Notice by email, send your retraction from the same email address, otherwise We may not be able to process your retraction.

7. Repeat Infringer Policy

Presence may terminate, suspend, deny, or otherwise limit a user’s access to the Systems if the user is determined to be a repeat infringer. The specific action taken may depend on factors such as:

• The nature of the infringement (e.g., willful vs. inadvertent).
• The content in question (e.g., severity or volume of infringement).
• The user’s history of infringement notices.
• The results of any appeals or counter-notices allowed under this policy.