Marketo respects the intellectual property of others and requires that individuals who visit our website or use our products and services do the same. We have a copyright infringement notification process consistent with the Digital Millennium Copyright Act ( "DMCA"), the text of which can be found on the U.S. Copyright Office site.
If you believe your materials or content have been copied on a Marketo-hosted site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may send us a written notice. Your notice must include the following information and be sent to our copyright agent listed below.
· Your postal address, telephone number and email address;
· A detailed description of the copyrighted work that you claim has been infringed;
· The URL or other specific location hosted by Marketo that contains the claimed infringing material that you are asking be removed or disabled;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as the copyright owner, its agent, or the law;
· A statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
· A physical or electronic signature of the owner of the copyright or person authorized to act on behalf of the owner.
Marketo's designated copyright agent to receive notices of claimed infringement is:
901 Mariner's Island Blvd., Suite 500
San Mateo, California 94404
Attn: DMCA Complaint
We will respond expeditiously to proper written notices of alleged copyright infringement and attempt to remove or disable the claimed infringing content. We will also disable and/or terminate access or accounts of repeat infringers. We may give notice of any infringement complaint by means of a general notice on any of our websites, electronic mail, or by written communication.
If a user believes that the removed or disabled content is not infringing, or that the user has authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, the user may send a counter-notice to the copyright agent containing the following information:
· The user's name, postal address, telephone number and email address;
· Identification of the content that has been removed or disabled and the URL or specific location at which the content appeared before it was removed or disabled;
· A statement that the user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
· A statement that the user consents to the jurisdiction of a Federal District Court for the judicial district in which the user's address is located, or San Mateo, California if such address is outside of the United States; and
user's physical or electronic signature.
Marketo will restore the removed content after 10 business days of receipt of a proper written counter-notice unless our copyright agent receives notification that a court action has been filed to prevent the restoration.