Last Updated: November 5, 2024

This policy explains how MyXABL responds to claims of unauthorized use of copyrighted text, images, music, videos, and other files or links to allegedly infringing materials, in accordance with the Digital Millennium Copyright Act ("DMCA").

The Digital Millennium Copyright Act

Under Section 512 of the Digital Millennium Copyright Act (DMCA), there are specific legal requirements for formally reporting copyright infringement to a service provider like MyXABL. This section also outlines how the individual who posted the content can respond to a notice of alleged infringement by submitting a counter-notice.

Do You Have Rights in a Copyrighted Work?

Please carefully consider your rights before sending us a copyright notice or counter-notice. The DMCA imposes legal and financial penalties for submitting fraudulent or bad-faith claims. If you’re uncertain whether you hold the copyright or are authorized to act on behalf of the rights holder, we strongly recommend consulting an attorney before submitting a notice or counter-notice to us.

How to Submit a Copyright Notice

To report copyright infringement to MyXABL, please provide the following information:

• A physical or electronic signature of the copyright owner or an authorized representative (typing your full name will suffice).
• Identification of the copyrighted work claimed to have been infringed, such as a copy of or link to the original work, or a clear description of the material allegedly being infringed.
• Identification of the infringing material, with details reasonably sufficient to allow MyXABL to locate it on our services (e.g., a MyXABL URL where the infringing material appears).
• Your contact information, including address, telephone number, and email address.
• The date you are sending the notice.
• A statement affirming that you have a good-faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Please send your copyright infringement notice with the information above to [email protected].

How We Respond to Copyright Claims

In response to notices of alleged copyright infringement, MyXABL may remove or restrict access to the allegedly infringing material. If content is removed or access is restricted, we will make a good-faith effort to notify the affected account holder, providing details about the situation, including a copy of the takedown notice and instructions for submitting a counter-notification.

When You Receive Notification of a DMCA Notice

If you receive a message from us regarding a DMCA complaint, it means that the content identified in the notice has been removed from MyXABL, or access to it has been restricted.

Please review our message carefully, as it will contain information about the copyright notice we received and instructions for submitting a counter-notice if you believe the removal was in error.

Note: Reposting material that was removed due to a DMCA notification may result in the permanent suspension of your account. If you believe the content was mistakenly removed, please consider filing a counter-notice instead of reposting the material.

How to File a Counter-Notice

If you receive a DMCA notification about material you’ve posted and believe it was misidentified or removed in error, you may file a counter-notice by providing the following information:

• A physical or electronic signature (typing your full name is sufficient).
• Identification of the material that has been removed or to which access has been disabled, including the MyXABL URL where the material appeared before removal or disabling (the description from the DMCA notice will suffice).
• A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled due to a mistake or misidentification.
• Your name, address, and telephone number, along with a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located, or if outside the United States, for any judicial district where MyXABL may be found. You must also agree to accept service of process from the person who submitted the copyright notification or their agent.

To submit a counter-notice, please reply to the original email you received notifying you of the removal, and include the above information in the body of your reply.

After You Submit a Counter-Notice

Once we receive a valid counter-notice, we will promptly forward a copy to the original complainant. If we do not receive notification within 10 business days that the original reporter is seeking a court order to prevent further use of the material, we may restore or reinstate access to the material that was removed.

Repeat Infringement Policy

MyXABL may, where appropriate, issue warnings or suspend accounts of repeat infringement. In more serious cases, we reserve the right to permanently terminate user accounts.

More Information on the Subject

If you’d like to learn more about the DMCA, the following resources are excellent starting points:

• United States Copyright Office
• Electronic Frontier Foundation
• Lumen Database

Previous Version(s):

• None