The website has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of site's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is ibly.co site's policy to (1) block access to or remove material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) 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. A repeat infringer is a user for whom ibly.co has received more than 3 notices of claimed infringement or for which ibly.co has had to remove content more than three. Notwithstanding the preceding sentence, ibly.co reserves the right to immediately terminate the account of any user for egregious infringing activities in site's sole determination and discretion.
Procedure for Reporting Claimed Infringement:
If you believe that material or content residing on or accessible through the web site or service infringes an intellectual property right that you own or control, please send a notice of claimed infringement containing the following information and only the following information to the Designated Agent listed below. Please note that you will be liable for damages, including costs and attorneys' fees, if you materially misrepresent that content or an activity is infringing your copyrights.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that site is capable of finding and verifying its existence; Providing URLs in the body of an email is the best way to help us locate content quickly.
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. If claiming copyright infringement, the statement "I swear under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
If claiming trademark infringement, the statement "I swear under penalty of perjury that I am the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the intellectual property owner, its agent, or the law."
Note that a copy of your legal notice will be forwarded to the party responsible for providing the alleged infringing content.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is site's policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that site will terminate such content provider's, member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the owner of the intellectual property, the owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which site is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
5. Three items of identification. A copy of your passport or ID card, 2 x utility bills from the last 3 months. The information must match the information on the counter notice.
If a counter-notice is received by the Designated Agent, site may send a copy of the counter-notice to the original complaining party informing that person that site may replace the removed material or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at site's discretion.
Any DMCA counter notices must be emailed to: [email protected], we cannot accept them sent to any other address or communication method.
By sending a Counter Notice you consent that any personal information identified on the document will be sent in full, uncensored, to the content provider.
Multiple Infringement Procedure:
We operate a 3 strike repeat offender policy. If the site has received three valid DMCA notices, the site will notify user they have 72 hours to issue any Counter-Notices or their account will be suspended. Upon suspension, no funds will be paid to the account owner and no links will be accessible belonging to the user's account.
The only way a DMCA strike can be removed from a user's account is by a 6 month expiration (providing no further notices have been received during this time) or by countering the DMCA notice with a valid counter-notice.
The user can view and request any DMCA notices associated with their account.
Methods to report a DMCA notice to us: by email to our adress below: