Proprietary Rights Infringement Reporting Policy

Last modified: April 17, 2013
oDesk Corporation (“oDesk”, “our”, “us” or “we”) provides this Proprietary Rights Infringement Reporting Policy (this “Policy”) to inform you of our policies and procedures regarding claims of infringement of proprietary rights by third parties on our website located at www.odesk.com (the “Site”). This Policy may be updated from time to time. We will notify you of any material changes by posting the new Policy on the Site. You are advised to consult this Policy regularly for any changes.
If you are a proprietary rights owner and you believe someone is using oDesk to infringe your proprietary rights, you may provide oDesk with the notice described below (the “Notice”) by email to legal@odesk.com, by fax to 1-650-853-4101, or by postal mail to 901 Marshall Street, Suite 200, Redwood City, California 94063. The Notice fulfills the requirements of the United States Digital Millennium Copyright Act, 17 USC Section 512(c) (3). In response to your Notice, oDesk may remove or disable access to the allegedly infringing material, or suspend implicated oDesk accounts. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing. If we remove or disable access, we will attempt to contact the owner of the allegedly infringing material so that the owner may provide a counter notification (the (“Counter Notice”) as described below.
Please include the following items in your Notice, and number them as follows:
  1. Identify the proprietary rights that you claim are infringed. For example, identify your trademark or quote your copyrighted material. Provide a URL or link to where the material is located, if possible.
  2. Identify the website, webpage, posting, profile, feedback, or other work that you claim infringes your proprietary rights. Provide information reasonably sufficient to enable us to locate it.
  3. Identify yourself by name. Provide your address, telephone number, and email address.
  4. Provide contact information for the owner or administrator of the allegedly infringing work, if possible.
  5. Include the following statement: “I have a good faith belief that use of the material in the manner described is not authorized by the owner of the exclusive proprietary right, its agent, or the law.”
  6. Include the following statement: “The information in this notice is accurate.”
  7. Include the following statement: “I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive proprietary right that is allegedly infringed.”
  8. Sign and date the Notice.
The owner or administrator of the allegedly infringing material may provide oDesk with a Counter Notice by email to legal@odesk.com, by fax to 1-650-853-4101, or by mail to 901 Marshall Street, Suite 200, Redwood City, California 94063. The Counter Notice fulfills the requirements of the United States Digital Millennium Copyright Act, 17 USC Section 512(g)(3).
In response to your Counter Notice, oDesk may reinstate the allegedly infringing material. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the proprietary rights of others.
Please include the following items in your Counter Notice, and number them as follows:
  1. Identify the website, webpage, posting, profile, feedback, or other material that oDesk has removed or to which oDesk has disabled access. Identify the location at which the material appeared before it was removed or access to it was disabled.
  2. Identify yourself by name. Provide your address, telephone number, and an email address where we can contact you.
  3. Include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or San Mateo County, California, if your address is outside the United States), and that you will accept service of process from the person who provided the Notice or from an agent of that person.
  4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each website, webpage, posting, profile, feedback or other material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  5. Sign and date the Counter Notice.
In addition to the procedure described in this Policy, you may click on the “Contact Support” link at the bottom of the Site and select “Report a Violation” from the dropdown menu. Please bear in mind that oDesk cannot give you legal advice. If you have questions about whether certain proprietary rights are valid or whether certain material is infringing, you should contact an attorney.