The Explorers Club, a New York not-for-profit corporation (“We” “Us” or “Our”), respects the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over all Explorers Club websites (“Our Websites”) and to promptly end any infringement that might occur. This is the official copyright compliance policy (the “Copyright Compliance Policy”) for Our Websites. It sets forth the procedures that We have undertaken to respond to notices of alleged copyright infringement from copyright owners. This Copyright Compliance Policy is part of the Conditions of Use/Disclaimers of Our Websites and is legally binding on you.

How to Send a Notice of Copyright Infringement

If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on Our Websites infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

Name of Agent Designated to Receive Notification of Claimed Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), We have designated Susan Manning as Our agent to receive notification of claimed copyright infringement (“Designated Agent”). The address of Our Designated Agent is 46 East 70th Street, New York, New York, U.S.A. The telephone number of Our Designated Agent is (212) 628-8383. The email address of Our Designated Agent is copyright@explorers.org.

Do not send any inquiries unrelated to copyright infringement (e.g., request for technical assistance or customer service, reports or e-mail abuse, etc.). to the designated agent listed above. You will not receive a response for such unrelated inquiries.

Information to be provided

Your notice of infringement must be a written communication provided to the Designated Agent includes substantially the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Our Website is covered by a single notification, a representative list of such works on our Site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
  4. Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Action that We will Take

As stated above, if we receive a notice of infringement sent to Our Designated Agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.

Please note that if you knowingly misrepresent that online content is infringing, you might be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.

How to Send a Counter-notice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing

If you had posted material that was removed in response to a notice of infringement and you have a good faith belief that the material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counter-notice as follows:

You must send the counter-notice to Our Designated Agent at the address set forth above.

Your counter-notice must be a written communication sent and must include substantially the following information:

  1. Your physical or electronic signature.
  2. 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 access to it was disabled.
  3. A statement under penalty of perjury 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 to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, consent to the jurisdiction for the Federal District Court located in New York, New York, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counter-notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter-notice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to the Terms of Use, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counter-notice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.

We caution you that if knowingly misrepresent that online content is not infringing, you may be subject to heavy civil penalties, these include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.

Only Statement

This document is the only statement of the Copyright Compliance Policy with respect to Our Websites, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid. We reserve the right to amend and restate the Copyright Compliance Policy from time to time. Any such amended or restated policy will be effective upon posting on Our Websites.

This Copyright Compliance Policy was last modified on August 31, 2011.