DMCA

Intellectual Property Removal Policy

At XYZ, we respect the intellectual property rights of others and we expect our users to do the same. If you believe someone has uploaded content to an XYZ service that infringes your copyright, trademark, or other intellectual property rights, please let us know by sending us an Intellectual Property (“IP”) infringement notice. If your concern is regarding content posted to FindArt.ai, please visit our FindArt.ai Policy to review the necessary information required to process your notice. 

Copyright notices concerning content posted on any other XYZ service must meet all requirements of the Digital Millennium Copyright Act (“DMCA”) as described below. Likewise, for Trademark and other intellectual property notices, you must provide us with clear information about the location of the allegedly infringing work for identification purposes, complete information about your trademark or other intellectual property, and your contact information (name, physical address, and email address).

The most effective way to submit a notice to us is via our online form

When you submit a notice, we may provide a copy of your notice to the user who uploaded the content you say is infringing. This also applies to any contact information you include in your notice to us.

We only respond to complete and effective DMCA notices from the copyright holder or their authorized agent that contain the following elements:

• A description of the copyrighted work infringed (for example, an image, text, video, etc.);
• The URL (uniform resource locator) where the material you claim is infringing is located on our services, or a description of that location sufficiently detailed for us to find it;
• A statement that you have a good faith belief that the use of the content identified in your notice is not authorized by the copyright owner, its agent or the law;
• Your contact information (such as your name, physical address, and email address); and
• A certification, under penalty of perjury, that the notice is accurate, signed (either electronically or physically) by the copyright owner or the copyright owner’s legal representative.

Before you submit your DMCA notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you reside outside the US, please consider carefully if other use exceptions for copyright protection apply. If you abuse the notice process, your user account may be deactivated and you may be held liable for costs and attorneys' fees. 

We are not in the position to provide you with legal advice. If you are unsure if someone's content infringes your copyright, you may want to contact an attorney, or to consult publicly available resources such as the U.S. Copyright Office website or the Lumen website.

Counter Notices and Appeals

If you believe your content on an XYZ service was disabled as a result of an improper DMCA infringement notice, you can file a DMCA counter notice using our online form. XYZ will only take action in response to DMCA counter notices that contain all of the following:

• A clear description and the location of the disabled material (specific URL(s) where it was hosted before it was disabled);
• A statement that you consent to the jurisdiction of the United States Federal District court for the district of your residence (or of Orange County, California if you reside outside of the United States) and that you will accept service of process from the person who filed the DMCA notice you are responding to or their agent;
• Your contact information (such as your name, physical address, and email address and telephone number); and
• A statement made and signed by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.

Before you file your DMCA counter notice, please carefully consider whether your use of the material at issue is infringing. If you file a DMCA counter notice when your use is infringing, you may be liable for costs and attorneys’ fees. If you are unsure whether your use of the content at issue amounts to infringement, you may want to contact an attorney. You might also want to consult publicly available resources such as the U.S. Copyright Office website or the Lumen website. 

Users whose content is restored as a result of a counter-notice will not have the original DMCA notice counted as a ‘strike’ against them for repeat infringer purposes.

If you are objecting to a trademark or other intellectual property notice you received, you may submit your appeal using our online form.

Recidivism Policy

We have adopted the following policy to address repeat copyright, trademark, and/or other intellectual property infringement by our users on our user generated content (“UGC”) Services. When one effective notice is filed with XYZ against a user regarding one or more pieces of allegedly infringing content, the user will receive one 'strike' against their account. If the user receives three 'strikes' within a one-year period, their user account will be terminated.

There are exceptions to this policy:

1. DMCA counter notices, appeals, and court actions are taken into consideration. If a DMCA counter notice is filed by a user and remains uncontested regarding the allegedly infringing material in question, the corresponding 'strike' will be removed from the user account. In the event a court action is filed to restrain the user from reposting the allegedly infringing material, the outcome of the legal proceedings will determine if the 'strike' will be removed.
2. Retraction notices from the Rights Holder or their authorized agent will trigger the removal of the corresponding 'strike'.
3. Users that repost allegedly infringing material that was subject of a prior notice, or otherwise blatantly infringe the rights of others are subject to immediate deactivation as a violation of the XYZ General Terms of Use and/or applicable law.
4. Rights Holders attempting to game the policy by submitting multiple notices on the same day or within a few days regarding content that was previously posted by the same user will be flagged. For the purposes of the policy, we will count these reports as one 'strike'.
5. Storefronts and Websites (XYZ Commerce, etc.) that are reported for infringement are reviewed on a case-by-case basis. When we receive an effective infringement notice, we evaluate how many accounts are managed by the user (webmaster), as well as the scope of the allegedly infringing material to make a determination if the behavior falls under the policy and/or applicable law.

Thanks for respecting the rights of creative professionals everywhere.

The XYZ IP Agent