Copyright Infringement Notice Policy
CubeSmart® (“CubeSmart”) will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and pursuant to this Copyright Infringement Notice Policy. CubeSmart also reserves the right to remove or disable access to any material posted to its Website, in its sole discretion. It is CubeSmart’s policy, in appropriate circumstances, to terminate the accounts or personal pages of repeat infringers. Written notification of claimed copyright infringement must be submitted by mail, email or facsimile to the CubeSmart Designated Agent:
Name of Designated Agent to receive notification of claimed infringement:
CubeSmart Copyright Administrator
5 Old Lancaster Road,
Malvern, PA 19355
To be effective, the notification must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if there are multiple works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Removal of or Disabling Access to Material and Notice to User
After receipt of an effective notification of claimed copyright infringement, CubeSmart may remove or disable access to materials posted by third parties to its Website. In addition, CubeSmart may, in its sole , notify the individual who posted the material that it has removed or disabled access to the material.
Counter-Notice and Replacement of Material
If CubeSmart provides notification that it has removed or disabled access to material posted by a Website user, the user may send a written counter notification in compliance with the DMCA and this Policy that includes substantially the following:
- A physical or electronic signature of the user.
- 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.
- A statement under penalty of perjury that the user has 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.
- The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of the claimed infringement or an agent of such person.
Upon receipt of a valid counter notice, CubeSmart may send a copy of the counter notice to the original complaining party. Unless CubeSmart receives timely notice from the original complaining party that the person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material, CubeSmart may replace or restore access to the challenged material, in its sole discretion.