Digital Millennium Copyright Act (DMCA) Policy
It is Rubrik’s policy to comply in full with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”). In the event any Rubrik services are used to violate a valid copyright, Rubrik may remove or disable access to such infringing material upon receipt of a valid, complete DMCA complaint.
Submitting a Takedown Notice:
Per the DMCA, if you believe that a valid copyright in which you have ownership rights is being infringed, Rubrik is authorized to remove or disable services to the infringing material only if you provide a takedown notice to Rubrik’s designated Copyright Agent.
To submit a takedown notice pursuant to the DMCA, please fill out and submit this webform.
Alternatively, you may mail a DMCA-compliant complaint to Rubrik’s designated representative (“Copyright Agent”) at the following address:
ATTN: Copyright Agent (c/o Charlin Lu)
3495 Deer Creek Road
Palo Alto, CA 94304
Note: The submission of a false or materially misleading takedown notice may constitute perjury and other offences and may subject the complainant to potential liabilities. Prior to filing a takedown notice, you may wish to first consult with an attorney.
Upon Rubrik’s receipt of a valid, complete takedown notice, Rubrik shall take reasonable steps to contact the individual or entity providing such infringing material (the “Alleged Infringer”) with an invitation to respond to the infringement allegation via counternotice. In the event no counternotice is received within seven (7) business days, Rubrik shall remove or disable access to the specific infringing material identified in the takedown notice. In the event of clear or egregious infringement, Rubrik reserves the right to remove or disable access to infringing content and/or terminate services without first notifying the Alleged Infringer.
Submitting a Counternotice:
If you have received notice of an infringement allegation lodged against you, you may instruct Rubrik to refrain from removing and/or disabling access to the infringing material, or to reinstate such access, by providing a counternotice to Rubrik containing all of the following:
1. Identification of the allegedly infringing material;
2. A statement that you have a good faith belief the material was identified as infringing and/or removed or disabled as a result of mistake or a misidentification of the allegedly infringing material;
3. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the third party who provided the takedown notice; and
4. Your physical or electronic signature.
Upon receipt of your counternotice, Rubrik shall send a copy of your counternotice to the originally complaining party and inform such party that Rubrik shall continue, replace, or restore access to the allegedly infringing material within no less than five (5) but no more than ten (10) business days unless Rubrik receives official notice from the complaining party that it has filed an action seeking a court order to restrain you from resorting the allegedly infringing material.
Repeat Offender Policy:
If you are the subject of two or more valid and complete takedown notices that you do not satisfactorily rebut with valid counternotices, in addition to any other available rights and remedies, Rubrik reserves the right to terminate your ability to post to the applicable forum, without penalty or liability to Rubrik. In addition, Rubrik may exercise all other rights and remedies available to it.
Nothing contained herein shall restrict Rubrik’s ability or right to remove or disable access to any infringing material which Rubrik independently discovers and which, in Rubrik’s sole discretion, violates or infringes any right of any third party, including, without limitation, any intellectual property right.
Details of the DMCA are available at the U.S. Copyright Office website: www.copyright.gov.