Copyright & Notice-and-Takedown Policy

Policy Overview

Copyright & Notice-and-Takedown Policy

Emphos Group (“we,” “us,” or “our”) respects the intellectual property rights of others and expects all users of the services to do the same. This Copyright and Notice-and-Takedown Policy describes how claims of copyright infringement are handled and sets out the process for submitting and responding to infringement notices.

This policy is designed to comply with applicable Canadian copyright law, including the Copyright Act (R.S.C., 1985, c. C-42), as well as the notice-and-notice regime established under the Copyright Modernization Act, and to assist rights holders whose content may have been used without authorization.

Section 1

Our Intellectual Property

All content on the EMPHOS Group website and services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, product descriptions, software, and the compilation of all such content, is the property of EMPHOS Group or its content suppliers and is protected by Canadian and international copyright law.

EMPHOS trademarks, trade names, logos, and service marks (“Marks”) are the exclusive property of Emphos Group. Nothing in the services should be construed as granting any license or right to use any of the Marks without prior written permission. Unauthorized use of EMPHOS intellectual property is prohibited and may give rise to legal liability.

Section 2

Respecting Third-Party Copyright

EMPHOS Group is committed to ensuring that its services do not infringe the intellectual property rights of third parties. Where third-party content is used on the services, it is used under applicable license, with permission, or in accordance with fair dealing provisions under Canadian copyright law.

All users are expected to similarly respect third-party intellectual property rights when using the services.

Section 3

Copyright Infringement Notice (Notice-and-Takedown)

3.1 How to Submit a Notice

If you believe that content available on or through the services infringes your copyright, you may submit a written infringement notice to the designated copyright agent. Your notice must include all of the following information to be valid:

1. Your full legal name, physical address, telephone number, and email address.
2. A description of the copyrighted work that you claim has been infringed, including the title and, if applicable, the registration number.
3. A description of where the allegedly infringing material is located on the services, with sufficient detail to allow it to be located, such as the URL of the specific page.
4. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement made under penalty of perjury, or the equivalent affirmation under Canadian law, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
6. Your physical or electronic signature.

Please submit your infringement notice to the designated copyright agent by email or mail:

Emphos Group
9398 Coote Street, Chilliwack, BC, V2P 6B5, Canada
Email: info@emphosgroup.com

Notices that do not include all required information may not be acted upon. It is strongly recommended that you consult a legal professional before submitting a copyright infringement notice.

3.2 Our Response to Notices

Upon receipt of a valid and complete copyright infringement notice, Emphos Group will:

• Promptly review the notice and the identified content.
• Remove or disable access to the allegedly infringing material if the notice is determined to be valid and complete.
• Notify the user who posted or uploaded the content that it has been removed, where applicable.
• Retain the notice and related correspondence in accordance with applicable law.

EMPHOS Group aims to respond to all valid infringement notices within 10 business days of receipt.

Section 4

Counter-Notice Procedure

4.1 How to Submit a Counter-Notice

If you believe that content you submitted to the services was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notice. Your counter-notice must include:

7. Your full legal name, physical address, telephone number, and email address.
8. Identification of the material that was removed or disabled, and the location where it appeared before removal.
9. A statement under penalty of perjury, or the equivalent affirmation under Canadian law, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
10. A statement that you consent to the jurisdiction of the courts of British Columbia, Canada, and that you will accept service of process from the person who submitted the original infringement notice.
11. Your physical or electronic signature.

Submit your counter-notice to the copyright agent at the address listed in Section 3.1 above.

4.2 Our Response to Counter-Notices

Upon receipt of a valid counter-notice, EMPHOS Group will:

• Forward a copy of the counter-notice to the original complainant.
• Inform the complainant that removed content may be restored within 10–14 business days unless the complainant notifies EMPHOS Group that legal action has been filed seeking a court order to restrain the allegedly infringing activity.
• Restore the content at EMPHOS Group’s discretion if notice of legal action is not received from the complainant within the applicable period.

Section 5

Repeat Infringers

EMPHOS Group has a policy of terminating the accounts of users found to be repeat infringers of copyright. A repeat infringer is any user against whom two or more valid and uncontested copyright infringement notices have been received.

EMPHOS Group reserves the right to terminate accounts at any time at its sole discretion, including upon a first valid infringement notice where the circumstances warrant.

Section 6

Notice-and-Notice Regime (Canada)

Under the Canadian Copyright Modernization Act, EMPHOS Group is required to forward copyright infringement notices to subscribers whose internet accounts were allegedly used to infringe copyright where EMPHOS acts as an intermediary.

If a qualifying notice-and-notice notice is received, EMPHOS Group will forward it to the relevant account holder as required by law. EMPHOS Group will retain records of such notices for a minimum of 6 months, or up to 12 months if legal proceedings are initiated, as required by applicable regulation.

Section 7

Misrepresentation

Submitting a copyright infringement notice containing knowingly false or misleading statements may expose the sender to civil liability, including liability for damages and legal costs.

Do not submit an infringement notice unless you have a genuine, good-faith belief that the identified content infringes your copyright.

Section 8

Contact Us

For all copyright-related inquiries, notices, and counter-notices, contact the designated copyright agent at:

Emphos Group
9398 Coote Street, Chilliwack, BC, V2P 6B5, Canada
Email: info@emphosgroup.com

Please include “COPYRIGHT NOTICE” or “COPYRIGHT COUNTER-NOTICE” in your subject line.