Revision date: September 26, 2016
As used herein, the “Service” means any software application, website, or any digital platform maintained by Renaissance Learning, Inc. that provides for the storage, uploading or sharing of content. Renaissance Learning, Inc. and its subsidiaries (collectively, “Renaissance”) prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any submission of information via the Service or other content infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- 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 are covered by a single notification, a representative list of such works at the Service website or portal;
- identification of the material on the Service website or portal that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- 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; and
- 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.
Our designated Copyright Agent to receive notifications of claimed infringement can be reached at:
Michelle Meller (Copyright Agent)
Renaissance Learning, Inc.
2911 Peach Street
Wisconsin Rapids, Wisconsin 54495-8036
Email: [email protected].
You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid.
Upon receipt of the notification that complies with the requirements set forth above, Renaissance may:
- remove or disable access to the material that is alleged to be infringing;
- forward the written notification to the alleged infringer;
- take reasonable steps to promptly notify the user that Renaissance has removed or disabled access to the material.
If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:
- 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 a mistake or misidentification of the material; and
- your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Ft. Lauderdale, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Please note that if you provide a Counter Notice, Renaissance reserves the right to provide the Counter Notice to the copyright claimant. Renaissance also reserves its right to inform the copyright claimant that the material may be replaced or restored in 10 business days upon receipt of a Counter Notice. Unless the copyright claimant files an action seeking a court order against the user who posted the material, Renaissance, at its discretion, may replace or restore the material after the 10 day period expires.