Copyright policy.

Where you read ‘Element’ or ‘we’ or ‘us’ below, it refers to Element, a trading name of New Vector Ltd., its French subsidiary: Element Software SARL, its U.S. subsidiary: Element Software Inc, its German subsidiary: Element Software GmbH, and their agents.

When you read ‘the homeserver’ or ‘the Service’ below, it refers to the services made available at Element Matrix Services (EMS).

If the terms of this copyright notice are not acceptable, please use a Matrix server provided by someone else!

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1. Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. This policy deals with what to do if you believe that any user contributions violate your copyright. It is our policy to terminate the user accounts of repeat infringers.

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible via the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (‘DMCA’), the written notice (the ‘DMCA Notice’) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website or in connection with the Services, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Matthew Hodgson c/o New Vector Ltd 10 Queen Street Place London United Kingdom EC4R 1AG

By email: [email protected]

‍If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.Please be aware that if you knowingly materially misrepresent that material or activity on the Website or in connection with the Services is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.

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2. Counter-notification procedures

If you believe that material you posted on the Website or using the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a ‘Counter-Notice’) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An 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 disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
• A statement under penalty of perjury by you that you 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.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website or Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Website or Services with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website or provided in connection with the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.

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3. Repeat infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

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Document History

• 2023, February 27: derived from M.org Copyright statement. 
• 2023, March 23: Updated
• 2023, June 23: Formatting update.