Ocula Limited (“Ocula”) DMCA (Copyright) Notification Process

As a service provider, Ocula respects the intellectual property rights of others, and our subscribers must also.

Each subscriber is responsible for ensuring that the materials they upload to the Ocula wesbsite (ocula.com) do not infringe any third party copyright or other intellectual property rights. Ocula will promptly investigate and remove copyright infringing materials from the Ocula website in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that uploaded materials infringe a third party's copyright. In addition, Ocula may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

How Copyright Holders can file a DMCA Notice to Remove Copyrighted Content

If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a written notice containing substantially the following information:

  • Your name, address, telephone number, and email address.
  • A description of the copyrighted work or works that you claim have been infringed.
  • A description of the material you believe to be infringing on the Ocula website in a manner that will sufficiently allow us to locate such material.
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • A statement by you under the penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Your electronic or physical signature.

Our designated Copyright Agent to receive this information is Aisha Johan (“Copyright Agent”).

You may submit this information to our designated Copyright Agent via:

Email: aisha@ocula.com

Offline:
Ocula Ltd
Attn: Aisha Johan
Level 1, 25 Sale Street
Auckland, 1010
New Zealand
Phone: +85281917021

How Users can File a DMCA Counter-Notification to Restore Removed Content

If you believe that material that you posted on the Ocula website has been removed or access has been disable by mistake or misidentification, please provide Ocula with a written counter-notification containing substantially the following information:

  • Your name, address, telephone number, and email address.
  • A description of the material that was removed or to which access has been disabled and the location on the Ocula website in which the material appeared prior to removal.
  • A statement under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Ocula may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  • Your electronic or physical signature.

You may submit this information to our Copyright Agent as follows:

Email: aisha@ocula.com

Offline:
Ocula Ltd
Attn: Aisha Johan
Level 1, 25 Sale Street
Auckland, 1010
New Zealand
Phone: +85281917021

We will send any complete counter-notifications to the person who submitted the original DMCA notice. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may restore the materials. We will, upon request, provide a copy of the original DMCA takedown notice upon request.

Repeat Infringer Policy

Ocula will terminate user accounts that have been the subject of (3) separate DMCA notices that have not been subsequently restored due to the filing of a DMCA counter-notification. However, Ocula reserves the right to terminate user accounts at any time with or without DMCA notices in appropriate circumstances, including without limitation for violating Ocula’s Terms of Service.

Requests for Additional Information/Disclosures

If we request additional information, please provide that information promptly. Failure to comply with all of the requirements of Section 512(c)(3) of the DMCA may result in your DMCA notice or counter-notification being ineffective.

Ocula may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties.

It is very important to ensure the information you provide is accurate.

UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY, INCLUDING WITHOUT LIMITATION COSTS AND ATTORNEYS’ FEES.

If you have questions about the legal requirements of a DMCA notice or DMCA counter-notification, contact an attorney or see Section 512 of the U.S. Copyright Act, 17 U.S.C. § 512, for more information.

Trademark Law and Infringement

If you believe an Ocula subscriber is infringing on your trademark, please send your complaint to aisha@ocula.com and we will investigate your claim right away.

This policy is effective as of May 7, 2017.