Copyright policy.
BooKoo Buxs, LLC (hereinafter also referred to as “Company”, “we”, “our” or “us”) operate www.bookoobuxs.com (“Website”) respects the intellectual property of others and expects others ("you" or "your") to do the same.
It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of people who repeatedly infringe or are charged with infringing copyrights or other intellectual property rights.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on the Website by completing the DMCA Notice of Alleged Infringement and sending it to us at bookoobuxs@gmail.com.
When we get your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from the Website.
Any notice of possible copyright infringement must include the following information:
1. an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyrighted or intellectual property.
2. a description of the copyright-protected work or other intellectual property that you allege has been infringed;
3. a description of the material that you claim is infringing and where it is located on the App or Service;
4. your contact information, including at a minimum your mailing address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the App or Service is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
After receiving the communication, we may ask the person who submitted the claimed infringement to provide further or supplemental information, prior to removing any content on the Services, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of the person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim.
Counter Notification
If we've removed material that a user of the Services submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification to our Agent. To be effective, the counter notification must be a written communication provided to our Agent that includes substantially the following:
1. The user's physical or electronic signature;
2. Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
3. Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
4. A statement, under penalty of perjury, that the users have a good faith belief that the material was disabled as a result of a mistake or misidentification of the material to be disabled;
5. User's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the competent courts in any judicial district in which their address is located or in which they may be found, and that they will accept service of process from the person who provided notification or an agent of such person.
After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification. We may then repost the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the Services.
Repeat Infringements
We may deny or cancel any instance of your use of the Services, or terminate your user account altogether, if we determine, at our sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded material was removed from the Services more than twice.
We may decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases, we may terminate your account immediately.
NOTE: You may also use “Annexure 1” as a format for notice of possible copyright infringement.
ANNEXURE I
NOTICE OF INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
[Insert Name of Sender]
[Insert Address]
[Insert Phone Number]
[Insert Email Address]
[Insert Date]
To,
[Insert Designated Agent’s Name]
[Insert Company’s Name]
[Insert Address]
SUBJECT: NOTICE OF COPYRIGHT INFRINGEMENT
Sir/Madam,
I, [Insert your name], on behalf of [Insert your company’s name], by virtue of 17 USC § 512 (c)(3)(A), am entitled to bring to your kind notice that there has been an infringement of copyright owned by my client (Insert Name of the Client] through material posted on your website, the details of which are as follows:
[If the work is already published by the Creator]
[Insert URL and adequate information to identify the work (e.g. name and other details about the article/blog post, etc.) and date of publication]
[If the work is created, but not published, evidence of the creation of work by the client]
Details of work created and first published by my Client:
Date of creation:
Evidence of creation:
[You can include here the computer logs of when the work was first created, this is possible to find in the history of a file. The creation would have been shared directly or indirectly with the infringer in some way - only then it was picked up by him or her. You should find how this was shared - for instance on an email or WhatsApp group. Remember that you do not need to register a copyright mandatorily for you to claim. It arises the moment something is created.]
[If you have a registered copyright, provide the details of the registration].
My client has registered copyright in the above work, the details of which are as under:
Your website, i.e.[insert name of website] has published the above creation at the following link: on [insert URL]. The alleged post which has infringed the copyright has been posted by [Insert details of the alleged person, if known]. A screenshot of the post is as under. This screenshot was taken on ____________[Date] at_____________ [time] hours.
<screenshot of the infringing post>
In our good faith and belief, this access is unauthorized and infringes the copyright owned by my client. Please be advised that my client seeks the removal of this infringing material. Also as a service provider, the law obligates you to expeditiously takedown or block access to the infringing material.
Under penalty of perjury I confirm that firstly, I am the authorized person to act on behalf of my client Mr. / Mrs. _____________________; Secondly, the information in this notice is accurate and truthful.
Hoping for quick action on your behalf.
Regards
[Insert Your Name]
[Insert Signature]
(physical/electronic)
[Insert Address]
[Contact No., email address]