Welcome to Deskfirst, a software-as-a-service (SaaS) that allows multiple users to work simultaneously on a shared workspace with the user experience of the familiar desktop environment (the “Service”), provided by Deskfirst, Inc. and its subsidiary Deskfirst Ltd. (together, "we", " us", "our" or "Deskfirst") to you (“User”, “you”). Deskfirst respects the intellectual property rights of others and requests that its Users do the same.
If you believe that the Service or the Service was used to infringe your copyrights, you may send our designated copyright agent (the "Agent") a written notification that includes substantially the following:
Upon your notification, we may remove or disable access to the content that you claim to be infringing. We may ask you to provide further or supplemental information, prior to removing or disabling access to any content displayed on the Service, as we deem necessary to comply with the law. We may also provide the User who submitted the allegedly infringing content, with your contact details, in order for that person to be able to contact you and challenge your claim.
If we’ve removed or disabled access to content that you submitted, pursuant to a notification of claimed infringement that we received, then you have an opportunity to respond to the notice and takedown by submitting a counter-notification to our Agent. To be effective, your counter notification must be a written communication that includes substantially the following:
After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.
Subject to the applicable law, we may then replace the removed content and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the content on the Service.
We may terminate your User account on our Services if we, at our sole discretion, determine that you are a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice or more, or a User whose submitted content was removed from the Services twice or more.
We may decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases, we may terminate your account immediately.
Our Agent is the Copyright Officer, Deskfirst Inc. Address: 850 New Burton Road, Suite 201, Dover, DE, 19904. Email: [email protected]. Please use Email as the preferred way to contact the Agent. Please note that our Agent receives alleged infringement-related notifications only. For any other matters, such as comments, requests, and other messages, see our contact details as provided in our Terms of Service.
Any person who knowingly misrepresents that: (1) certain content is infringing, or (2) certain content was removed or disabled by mistake or misidentification – may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the content claimed to be infringing.