Occasion DMCA Policy

Last Updated / Effective Date March 20, 2023

Peak Labs LLC dba Occasion (“Occasion” or “we,” “us” or “our”) respect the intellectual property rights of others and are committed to comply with the copyright laws. We comply with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner and believe content on our website (“Site”), or linked to our Site, infringe your copyright, you may request we remove that content (or access to that content) from the Site as set forth below.  

Please be aware that if you knowingly, materially misrepresent that any material or activity on the Site: (a) is infringing your copyright; or (b) was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney fees) under the DMCA.

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‍HOW TO REPORT CLAIMS OF COPYRIGHT INFRINGEMENT.

In accordance with the DMCA, if you believe any materials accessible on or from the Site infringe your copyright, you must provide a written notification (“Notice”) to our designated agent listed below, that includes the following:

• A. Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed, with sufficient detail to permit us to locate it;
• B. A statement that you own the copyrighted work and that it be removed or disabled from the Site;
• C. Information sufficient to permit us to contact you, such as your name, address, telephone number and e-mail address;
• D. The following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the Site is not authorized by the copyright owner, its agent or by protection of law”;
• E. A statement that the Notice is accurate;
• F. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner that is allegedly infringed;
• G. Your physical or electronic signature; and
• H. Your acknowledgment and agreement that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you falsely claim that materials infringe your copyright(s).

Please send the Notice by overnight mail or regular U.S. mail to our DMCA designated agent at:

Occasion
Attn: DMCA Designated Agent: Aksh Gupta
600 W Jackson Blvd, Ste 100, Chicago, IL - 60611
Phone: Number (notice cannot occur via telephone)
Email: help@getOccasion.com

We will promptly investigate any claims of copyright infringement upon receipt of a Notice.

We will only respond to Notices that comply with applicable law. If we receive a valid Notice of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner can respond with a counter-notification.

We are permitted to share Notices with others under our Privacy Policy available at: https://www.occasion.app/privacy

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COUNTER-NOTIFICATIONS.

If we take down your materials or remove access to your materials as a result of receiving a DMCA Notice, and you believe such take down or removal was a mistake or misidentification, you may respond by sending us a written counter-notification in accordance with the DMCA. The counter-notification must include the following:

• A. A list of the material(s) that was removed by Occasion and the location of the material(s) before it was removed with sufficient detail so we may identify and locate the material(s);
• B. Adequate information so that we can contact you, including your name, address, telephone number, and email address;
• C. A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Chicago, Illinois, if your address is outside of the United States);
• D. A statement that you will accept service of process from the person who provided the Notice to us of the alleged infringement or an agent of such person;
• E. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
• F. Your physical or electronic signature.

Please send the written counter-notification by overnight mail or regular U.S. mail to our DMCA designated agent at:

Occasion
Attn: DMCA Designated Agent: Aksh Gupta
600 W Jackson Blvd, Ste 100, Chicago, IL - 60611
Phone: Number (notice cannot occur via telephone)
Email: help@getOccasion.com

If we receive a valid counter-notification, we will repost the applicable materials unless we receive notice from the original person or entity that provided the Notice that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity within ten (10) business days of receiving the copy of the counter-notice.

We are permitted to share counter-notices with others under our Privacy Policy available at: https://www.occasion.app/privacy.

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REPEAT INFRINGERS.‍

It is our policy to terminate repeat infringers’ use of the Site’s services, such as by terminating or disabling accounts (if applicable).

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