This Infringement Policy applies to the websites owned and/or operated by Agora Lab, Inc. and its parents, subsidiaries, and affiliates worldwide (collectively, together with their respective successors and assigns, “Agora”, “we,” “us,” or “our”), and any services, events, conferences, workshops and/or programs provided by Agora, and any related content, resources, materials, information and/or services provided or made available through or in connection with the foregoing (all of the foregoing, collectively, the “Services”).

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf (the “DMCA”), Agora will respond expeditiously to claims of copyright infringement committed using the Services that are reported to Agora’s designated copyright agent, identified below. Agora will also respond expeditiously to claims of trademark infringement in the same manner. The DMCA notice-and-takedown framework is a United States statute; because Agora operates globally, Agora and its affiliates will also address claims of infringement arising under applicable copyright and trademark laws outside the United States.

If you are a copyright and/or trademark owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright and/or trademark, please report alleged copyright and/or trademark infringements taking place on or through the Services as set forth in ‘Reporting Claims of Infringement” below. Upon receipt of the Infringement Notice (as defined below), Agora will take whatever action, in its sole discretion, it deems appropriate, including removal of or disabling access to the challenged material on or through the Services.

1 Reporting Claims of Infringement

The written notice to report infringement (the “Infringement Notice”) must include substantially the following:

1.1 Your physical or electronic signature.

1.2 Identification of the copyrighted work and/or trademark(s) you believe to have been infringed or, if the claim involves multiple works or marks on the Services, a representative list of such works or marks.

1.3 Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

1.4 Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

1.5 A statement that you have a good faith belief that use of the copyrighted material and/or trademark is not authorized by the copyright and/or trademark owner, its agent or the law.

1.6 A statement that the information in the written notice is accurate.

1.7 A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright and/or trademark owner.

2 Designated Copyright Agent

Our designated copyright agent to receive Infringement Notices for Agora and its affiliates is:

DMCA c/o Office Manager at Agora Lab. Inc.
Attention: Agora Legal, In-House Counsel
2804 Mission College Blvd. Ste 110
Santa Clara, CA 95054
Telephone: +1 408 879 5885
Email: legal@agora.io

The foregoing designated agent receives Infringement Notices on behalf of Agora and its affiliates.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Infringement Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

3 Counter-Notification Procedures

If you believe that material you posted on 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. The Counter-Notice must include substantially the following:

Your physical or electronic signature.

3.1 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.

3.2 Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

3.3 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.

3.4 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 Services may be found) and that you will accept service from the person (or an agent of that person) who provided Agora or any of its affiliates with the complaint at issue.

Completed Counter-Notices should be sent to the designated copyright agent identified in Section 2.

The DMCA allows us to restore the removed content if the party filing the original Infringement 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 Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

4 Repeat Infringers

It is the policy of Agora and its affiliates, worldwide, in appropriate circumstances to disable and/or terminate the account of, and access to and use of the Services by, users of any of the Services who repeatedly infringe or are repeatedly charged with infringing the copyrights and/or trademarks or other intellectual property rights of others. This account termination policy applies across Agora and its affiliates globally and to users of any of the Services.

5 Modifications to This Policy

We and our affiliates may modify or update this Infringement Policy from time to time in our sole discretion, and any changes will become effective when we post the revised policy on the Services. The “Last updated” date at the top of this policy indicates when it was most recently revised, and your continued use of the Services after any change constitutes acceptance of the revised policy. This Infringement Policy applies to Agora and its affiliates worldwide.

6 Questions

If you have any questions about this Infringement Policy, you may direct them to Agora or any of its affiliates and contact us by email at: legal@agora.io.