Our products may not be used to create or share work built on someone else's intellectual property beyond what fair dealing, fair use or a licence permits. Our Terms of Service require everything posted to the Services to respect copyright law.
Vesperion Gate Inc. is a Canadian company. If you believe that a user of Thicket, LensCherry or another product we build and maintain has infringed your copyright, you can notify us under Canada's Copyright Act. If you are a rights holder in the United States, you can also send a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512). Either way, the notice must be in writing and include the information below.
Notices under Canada's Copyright Act
Canada's notice and notice regime (Copyright Act, sections 41.25 and 41.26) asks us to forward a compliant notice to the account holder responsible for the material and to keep records of the notice. A compliant notice must include:
- Your name and address, and any other particulars that let us contact you.
- The work or other subject matter you claim has been infringed.
- Your interest or right in that work or subject matter.
- The location data for the material you claim is infringing: a link to it in our products is best.
- The infringement you claim, and the date and time it occurred.
- Any other information required by regulation.
When we receive a compliant notice, we forward it to the account holder, confirm the forwarding to you, and keep the records the Act requires for six months, or one year if we are told that proceedings have been started. Forwarding a notice does not by itself remove the material; we may still refuse or remove content that violates our Terms or the law.
Notices under the DMCA
If you hold a US copyright, or act for someone who does, section 512(c)(3) of the DMCA sets out what a notification must contain. In plain terms, send us:
- The signature, on paper or electronic, of someone entitled to act for the owner of the right you say has been infringed.
- Which copyrighted work is at issue. For several works, a representative list is enough.
- Enough detail for us to find the material, ideally its link inside our products.
- How to reach you: an email address by preference, or a phone number or postal address.
- Your good-faith belief that the use you are complaining about has no permission from the owner, the owner's agent or the law.
- Your confirmation, under penalty of perjury, that the notice is accurate and that you are entitled to act for the owner of the right concerned.
DMCA counter-notifications
If we removed something of yours after a DMCA notice and you think that was wrong, you can answer with a written counter-notification. Send us:
- Your signature, on paper or electronic, or that of someone entitled to act for you.
- What was removed, and where in our products it used to be.
- How to reach you: an email address by preference, or a phone number or postal address.
- Your good-faith belief, stated under penalty of perjury, that the material came down by mistake or because it was misidentified.
- Your consent to the jurisdiction of the federal district court for the district of your address or, if you are outside the United States, of any district in which Vesperion Gate Inc. can be found.
- Your agreement to accept service of process from whoever sent the original notice, or their agent.
Where to send notices
You can send a copyright infringement claim or a counter-notification through either of these channels:
- By email: [email protected], with the subject line "Copyright notice".
- By mail: Vesperion Gate Inc., 901 Guelph Line, Burlington, Ontario L7R 3N8, Canada.
Every notice gets an acknowledgement. Knowingly misstating an infringement, or a mistaken removal, can have legal consequences, so check your facts before writing. This page explains our handling of notices and is not legal advice.