DMCA Policy
Last updated: July 18, 2023
Hirbox Inc.
(“Hirbox”) respects the intellectual property rights of others and
expects its users to do the same. Following the Digital Millennium Copyright
Act of 1998, the text of which may be found on the U.S. Copyright Office
website at http://www.copyright.gov/legislation/dmca.pdf, and specifically per
17 USC § 512(c)(3), Hirbox will respond to claims of copyright infringement
committed using the Hirbox service and/or any Hirbox websites (the
“Site”) if such claims are reported to Hirbox’s Designated Copyright
Agent identified below.
DMCA Notice of Alleged Infringement (“Notice”)
If you are
a copyright owner, authorized to act on behalf of one, or authorized to act
under any exclusive right under copyright, please report alleged copyright infringements
taking place on or through the Site by completing a DMCA Notice of Alleged
Infringement and delivering it to Hirbox’s Designated Copyright Agent. Upon
receipt of Notice as described below, Hirbox will take whatever action it deems
appropriate in its sole discretion, including removal of the challenged content
from the Site. Please note that if you fail to comply with all of the
requirements of this section and of 17 USC § 512(c)(3), your DMCA notice may
not be valid.
Identify
the copyrighted work that you claim has been infringed, or – if your Notice
covers multiple copyrighted works – you may provide a representative list of
the copyrighted works that you claim have been infringed.
Identify
the material or link you claim is infringing (or the subject of infringing
activity) and to which access is to be disabled, including at a minimum, if
applicable, the URL of the link shown on the Site or the exact location where
such material may be found.
Provide
your company affiliation (if applicable), mailing address, telephone number,
and, if available, email address.
Include
both of the following statements in the body of the Notice: “I hereby
state that I have a good faith belief that the disputed use of the copyrighted
material is not authorized by the copyright owner, its agent, or the law (e.g.,
as a fair use).”
“I
hereby state that the information in this Notice is accurate and, under penalty
of perjury, that I am the owner, or authorized to act on behalf of, the owner,
of the copyright or of an exclusive right under the copyright that is allegedly
infringed.”
Provide
your full legal name and your electronic or physical signature. Deliver this
Notice, with all items completed, to Hirbox’s Designated Copyright Agent:
Copyright Agent
Hirbox
195, Montague St,
Brooklyn,
11201, United States
DMCA
Counter-Notice of Alleged Infringement
If you
believe that your content that was removed (or to which access was disabled) is
not infringing or that you have authorization from the copyright holder, the
holder’s agent, or pursuant to law, to post and use the material in your
content, you may send a Counter-Notice containing the following information to Hirbox’s
Copyright Agent:
Your physical or electronic signature.
Identification
of the content that was removed or to which access has been disabled as a
result of mistake or a misidentification of the content; and
Your name,
address, telephone number, and email address, a statement that you consent to
the federal court jurisdiction in New York, NY, and a statement that you will
accept service of process from the person who provided notification of the
alleged infringement.
If the
Copyright Agent receives a Counter-Notice, Hirbox may send a copy of the
Counter-Notice to the original complaining party informing that person that it
may replace the removed content or cease disabling it in ten business days.
Unless the copyright owner files an action seeking a court order against Hirbox
or the person who has posted allegedly infringing content, the removed content
may be replaced, or access to it restored, in ten business days or more after
receipt of the Counter-Notice.
Hirbox Policy Regarding Repeat Infringers
Hirbox does
not condone or tolerate copyright infringement or any violation of the
intellectual property rights of Hirbox or others. Hirbox reserves the right to
terminate the access and/or use privileges of any person who has been
determined to be a ‘repeat infringer’ of the copyrights of Hirbox or others. Hirbox
reserves the right to define the criteria by which Hirbox will determine that a
person is a ‘repeat infringer.’ In the event that ‘repeat infringer’ is defined
by statute, law, or regulation as applicable to 17 USC § 512, Hirbox will adopt
that definition as a minimum standard. Without limiting Hirbox’s right to
define ‘repeat infringer,’ as a general rule, Hirbox will define a ‘repeat
infringer’ as any person or entity about whom Hirbox has received two or more
DMCA Notices of Alleged Infringement. Hirbox will consider all relevant facts
and circumstances when determining whether or not the termination of access
and/or use privileges of a ‘repeat infringer’ is appropriate.
REGARDLESS
OF WHETHER HIRBOX TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR
ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, HIRBOX IN NO WAY WAIVES ANY RIGHT TO
PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR
ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL HIRBOX INDEMNIFY OR
PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING
FROM THE ALLEGED INFRINGER’S USE OF ANY HIRBOX WEBSITE OR SERVICE, EXCEPT AS
EXPRESSLY DESCRIBED IN THIS NOTICE.