Copyright and Trademark Policy
Last updated: 14 January 2016
Square AU Pty Ltd ACN 167 106 176 and its affiliates (‘Square’) respects the copyright and trademark rights of others. Square has adopted the following policy regarding claims that third party material infringes the copyrights or trademarks of others in accordance with the Digital Millennium Copyright Act (U.S.) and other copyright and trademark laws. Square responds to all valid notices of such copyright and trademark infringement, and it is Square’s policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others. Nothing in this policy is intended to limit or exclude Square’s and your rights under applicable laws, including the Copyright Act 1968 and the Trade Marks Act 1995 in Australia.
If you believe that third party material posted on or accessible through Square’s applications, websites and services constitutes infringement of your copyright or trademark rights, please send a written notice of infringement to Square’s designated agent at the address below. The written notice must specify the nature of the copyright or trademark infringement and include the following information: (a) an electronic or physical signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) (i) with respect to copyrights, a description of the material that you claim has been infringed; or (ii) with respect to trademark rights, a description of the material you claim has been infringed, including the basis for your claim of such rights, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction in which you claim such rights and the category of goods and/or services for which you claim such rights; (c) identification of the claimed infringing material, including the location of such material on Square’s applications, websites or services; (d) contact information, including the name of the owner of the copyright or trademark and your name, title, address, telephone number and email address; (e) a statement that you have a good faith belief that the disputed use is not authorised by the copyright or trademark owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or authorised to act on behalf of the owner.
By submitting an infringement notice, you acknowledge and agree that Square or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material. You may write to Square’s designated agent for notice of copyright or trademark infringement at the following address:
Attn: Copyright/Trademark Agent
1455 Market Street, Suite 600
San Francisco, CA 94103, USA
If your material has been removed or disabled as a result of an infringement notice and you believe such material is not infringing, or that you have the authorisation or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to Square’s designated agent at the address above. The counter-notice must include: (a) your physical or electronic signature; (b) 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; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Square may be found and that you will accept service of process from the person who provided notification of infringement or an agent of such person. Square or its designated agent will forward your counter-notification to the party who submitted the infringement claim. If the claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from Square, then Square may reinstate the removed or disabled material.