Reporting Copyright & Trademark Infringement
At Fitbit, Inc. ("Fitbit"), we respect the intellectual property rights of others and expect our users to do the same.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website, http://www.copyright.gov). It is also our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who are subject to allegations of trademark infringement.
If you are a copyright or trademark owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, and believe that any material available on or through the Fitbit website or Fitbit App, including applications, products, user-generated content, posts or materials on user forums, or any other content (collectively referred to as "Content"), infringes upon your rights, you may report alleged infringements by providing the information in the following Notice of Alleged Infringement ("Notice") and delivering it to Fitbit's Designated Agent identified below. (Note: If the content is in the Feed section of the Fitbit App, you can submit a Notice directly from the app.)
Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the Content. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the Content so that he or she can make a counter notification.
Please note that filing a report of intellectual property infringement is a serious matter with legal consequences. Any person who knowingly materially misrepresents that material or activity is infringing could be liable for damages pursuant to section 512(f) of the DMCA or similar laws in other jurisdictions or countries. Accordingly, if you are not sure whether material available online infringes your rights, we suggest that you first contact an attorney. You acknowledge that if you fail to comply with all of the notice requirements below, your Notice may not be valid.
NOTICE OF ALLEGED INFRINGEMENT
Identify the copyrighted work or trademark that you claim has been infringed. If multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works.
Identify the material that you claim infringes your rights and provide information reasonably sufficient to enable Fitbit to locate the material, including if applicable, the URL where such material may be found.
Provide your email address, mailing address, and telephone number at which you may be contacted. (Note that we may provide your contact information and/or the contents of your report to the person who posted the material you are reporting. By submitting a Notice, you consent to disclosure of your information in the aforementioned manner.)
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the material in the manner detailed above is not authorized by the copyright and/or trademark owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Fitbit's Designated Agent:
By email: firstname.lastname@example.org
ATTN: Legal -- Designated DMCA Agent
199 Fremont Street, 14th Floor
San Francisco, California 94105