Summary
Airbik, LLC ("Airbik", "we") respects intellectual property rights and expects users to do the same. This Policy explains how to submit (1) a DMCA takedown notice for alleged copyright infringement and (2) a counter-notice if you believe content was removed by mistake.
This Policy addresses copyright claims under the U.S. Digital Millennium Copyright Act ("DMCA"). For trademark issues, contact us at support@airbik.com.
Table of Contents
1. Scope 2. Repeat Infringers 3. Submitting a DMCA Takedown Notice Copyright Owner 4. Submitting a Counter-Notice Uploader 5. Our Process 6. Misrepresentations 7. DMCA Agent Contact1. Scope
This Policy applies to content posted on the Airbik Platform, including listing photos, profile photos, listing descriptions, and other user-generated content ("Content").
We may remove or disable access to Content that we believe in good faith is infringing, and we may terminate accounts of repeat infringers in appropriate circumstances.
2. Repeat Infringers
Airbik may suspend or terminate user accounts that are subject to multiple valid infringement notices, or that we determine are repeat infringers, consistent with applicable law and our Terms of Service.
3. Submitting a DMCA Takedown Notice Copyright Owner
If you believe Content on Airbik infringes your copyright, you may send a DMCA takedown notice to our designated agent. Your notice must include all of the following (17 U.S.C. § 512(c)(3)):
- Your contact information: full name, mailing address, telephone number, and email address.
- Identification of the copyrighted work you claim has been infringed (or a representative list if multiple works).
- Identification of the infringing material and information reasonably sufficient for us to locate it on Airbik (e.g., listing URL(s), screenshot(s), user/listing IDs, and where it appears).
- A statement of good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement under penalty of perjury that the information in the notice is accurate and that you are the owner (or authorized to act on behalf of the owner) of the copyright interest.
- Your physical or electronic signature.
DMCA Notice Template (copy/paste)
I am the copyright owner (or authorized agent) for the work(s) described below.
1) Contact information:
Name:
Address:
Phone:
Email:
2) Copyrighted work(s):
(Describe the work or provide a representative list)
3) Infringing material on Airbik (location):
URL(s):
Listing/User IDs (if known):
Description of infringing content:
4) Good-faith statement:
"I have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
5) Perjury statement:
"I swear, under penalty of perjury, that the information in this notice is accurate and that I am the copyright owner or am authorized to act on the ownerâs behalf."
6) Signature:
/s/ (Your Name)
Date:
4. Submitting a Counter-Notice Uploader
If your Content was removed or disabled due to a DMCA notice and you believe it was removed by mistake or misidentification, you may submit a counter-notice to our DMCA agent (17 U.S.C. § 512(g)).
Your counter-notice must include:
- Your contact information: full name, mailing address, telephone number, and email address.
- Identification of the material that was removed or disabled and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification.
- Consent to jurisdiction: a statement that you consent to the jurisdiction of the Federal District Court for your judicial district (or if outside the U.S., for a district where Airbik may be found), and that you will accept service of process from the person who submitted the notice.
- Your physical or electronic signature.
Counter-Notice Template (copy/paste)
I am the user who posted the material described below, and I request reinstatement.
1) Contact information:
Name:
Address:
Phone:
Email:
2) Removed/disabled material:
URL(s) / location where it appeared:
Description:
3) Perjury statement:
"I swear, under penalty of perjury, that I have a good-faith belief the material was removed or disabled due to mistake or misidentification."
4) Consent to jurisdiction and service:
"I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or if outside the U.S., for a district where Airbik may be found), and I will accept service of process from the party who submitted the DMCA notice or that partyâs agent."
5) Signature:
/s/ (Your Name)
Date:
5. Our Process
- We review notices for completeness. Incomplete notices may not be processed.
- We may remove or disable access to the allegedly infringing Content.
- We may notify the user who posted the Content and provide a copy of the notice (with personal info redacted where appropriate).
- If a valid counter-notice is received, we may forward it to the complaining party.
- We may restore the Content in accordance with the DMCA unless the complaining party files a court action and provides notice to us.
6. Misrepresentations
Submitting false or misleading notices or counter-notices may have legal consequences. Under the DMCA, you may be liable for damages if you knowingly materially misrepresent that Content is infringing or was removed by mistake.
7. DMCA Agent Contact
- DMCA Agent (Designated): Airbik DMCA Agent
- Email: dmca@airbik.com
- Mail: Airbik, LLC, Attn: DMCA Agent, Tampa, FL, United States
Please include "DMCA Notice" or "DMCA Counter-Notice" in the subject line.