What's covered in this article:
- Reporting Alleged Illegal Content Under the Digital Services Act (EEA Only)
- Reporting Alleged Copyright Infringement (US Only)
- Reporting Other Alleged Intellectual Property Infringement (Non-EEA Only)
- How to Contact Us
REPORTING ALLEGED ILLEGAL CONTENT UNDER THE DIGITAL SERVICES ACT (EEA Only)
In accordance with the Digital Service Act (“DSA”), we have specified below the procedure that you must follow to provide us with notice of alleged illegal content, as well as the actions that we will take in response, and your right to appeal.
Procedure for Reporting Alleged Illegal Content
If you believe that content residing on or accessible through the Service (as defined in our Terms of Service) constitutes “illegal content,” as defined by the Digital Services Act, please send a notice using this form or via the contact information listed below that includes the following information (hereinafter, a “DSA Notice”):
- A substantiated explanation of the reasons why you believe the content in question to be illegal content (a substantiated explanation could include documentary evidence demonstrating, for example, your ownership of contested content, or screenshots of images or discussions you believe to constitute “illegal content” under the DSA);
- A clear indication of the exact location of that content, such as the exact URL or URLs where the content can be found;
- Your contact information, including physical address and email address, or if you are submitting the DSA Notice on behalf of another individual/entity, the contact information of that individual/entity;
- A statement that confirms your bona fide belief that the information and allegations contained in your notice are both accurate and complete.
Action Taken After the Receipt of a Proper DSA Notice
Upon receipt of a proper DSA Notice, we will act on the DSA Notice in a timely, diligent, non-arbitrary, and objective manner by either (1) removing the alleged illegal content from our platform, or (2) determining that the noticed content is not illegal and therefore allowing it to remain on our platform. Where appropriate, we may also suspend or terminate the account of an offending user.
Communications with the Noticing Individual
Upon receipt of a proper DSA Notice, we will provide a confirmation of receipt to the individual or entity who submitted the DSA Notice (hereinafter, the “Noticing Individual”).
Following any actions taken on the noticed content, or any determinations not to act, we will inform the Noticing Individual of the decision we made and the action we took, if any. This communication will also provide information about the possibility of appeal with respect to our decision. If any automated means were used for our decision-making or processing, that information will be included as well.
Communications with the Impacted User
A user of the Service may be impacted because of actions taken as a result of a DSA Notice. These impacts could include:
- A restriction on the visibility of content posted or provided by the Impacted User, including the removal of that content, disabling access to the content, or demoting the content;
- Suspension, termination, or other restrictions of monetary payments;
- Suspension or termination of the Impacted User’s account.
Except where the content at issue involves high-volume commercial content or spam, we will inform all users for whom the DSA applies who are so impacted (hereinafter, an “Impacted User”), whether stemming from a DSA Notice or otherwise, with a clear and specific statement of reasons. This statement will contain:
- Information on whether our decision entails any of the impacts listed above;
- The facts and circumstances that we relied on to make that decision, including, where applicable:
- whether any actions taken were based on the receipt of a DSA Notice;
- the legal ground we relied on and why it applied, where that was the cause of the content’s removal;
- The terms and conditions, if any, the content violated, where that was the cause of the content’s removal
- Information about the possibility of appeal
Procedure for Appealing a Decision or Action
The Noticing Individual and/or the Impacted User may appeal a decision or action we took regarding any of the following:
- A restriction on the visibility of content posted or provided by the Impacted User, including the removal of that content, disabling access to the content, or demoting the content;
- Suspension, termination, or other restrictions of monetary payments;
- Suspension or termination of the provision of our services, in whole or in part;
- Suspension or termination of the Impacted User’s account.
Such appeals are permitted only within 6 months of the date we provide notice of our decision or action. To appeal, the Noticing Individual and/or the Impacted User must send a message to appeals@skillshare.com providing the following information:
- The decision or action being appealed, including any relevant communications received related to the same;
- The reason why our decision or action should be reversed or reconsidered, including any information relevant to the same.
We will provide a decision concerning the appeal without undue delay. Please note that out-of-court dispute settlement services may also be available to Noticing Individuals or Impacted Users.
REPORTING ALLEGED COPYRIGHT INFRINGEMENT (US Only)
In accordance with the Digital Millennium Copyright Act (“DMCA”), we have adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Alleged Copyright Infringements
If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Skillshare’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Skillshare is capable of finding and verifying its existence;
- Your contact information, including physical address and email address, or if you are submitting the notice on behalf of another individual/entity, the contact information of that individual/entity;
- A statement that you have a good faith belief that the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- Remove or disable access to the infringing material;
- Notify the user who is accused of infringement that we have removed or disabled access to the applicable material; and
- Terminate such user's access to the Service if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent
If the user who posted the content believes that the material that was removed (or to which access was disabled) is not infringing, or the user believes that they have the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the user may send us a counter-notice containing the following information:
- 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 disabled;
- A statement 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; and
- The user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or, if the user's address is located outside the United States, for any judicial district in which Skillshare is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Skillshare may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Skillshare may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user accused of committing infringement, the removed material will be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.
REPORTING OTHER ALLEGED INTELLECTUAL PROPERTY INFRINGEMENT (Non-EEA Only)
If you believe that content residing on or accessible through the Service (as defined in our Terms of Service) is infringing your intellectual property rights (or those of an organization you represent), please send a notice to the contact information below that includes the following information:
- A substantiated explanation of the reasons why you believe the content in question is infringing your intellectual property;
- A specification of what intellectual property right you believe to be infringed (e.g., trademark, patent, copyright)
- NOTE: If you are in the US and wish to report alleged copyright infringement, you must follow the DMCA process set out above
- A clear indication of the exact location of the content, such as the exact URL or URLs where the content can be found;
- Your contact information, including physical address and email address, or if you are submitting the notice on behalf of another individual/entity, the contact information of that individual/entity.
HOW TO CONTACT US
Please contact Skillshare's Designated Agent at designatedagent@skillshare.com. You may also submit notices by using this form.
Alternatively, you may send a complete notice to the following address:
Skillshare, Inc.
Attn: Platform Operations Department
215 Park Avenue South, 11th Floor
New York, NY 10003
Skillshare's Article 13(1) DSA Legal Representative is:
DP-Dock COR Services GmbH
Attn: Skillshare, Inc.
Grüffkamp 10
24159 Kiel, Germany
skillshare@rep-services.eu
Telephone number: +49 40-57308352