BookR Copyright and DMCA Policy
Effective Date: [Effective Date]
1. PURPOSE
BookR respects intellectual property rights and expects Users to do the same.
This Policy establishes procedures for addressing allegations of copyright infringement relating to content made available through the Platform.
2. USER RESPONSIBILITY
Users may upload:
(a) photographs; (b) videos; (c) Listing descriptions; (d) reviews; (e) communications; and (f) other content.
Users represent and warrant that they possess all rights necessary to upload such content.
3. COPYRIGHT INFRINGEMENT NOTICES
If a copyright owner believes content available through the Platform infringes a copyright, the copyright owner may submit a written notice to the agent identified in Section 7 containing:
(a) identification of the copyrighted work; (b) identification of the allegedly infringing material, with information reasonably sufficient to permit BookR to locate it, such as the URL of the Listing or page on which it appears; (c) contact information of the complaining party, including a mailing address, telephone number, and email address; (d) a statement of good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information provided is accurate; and (f) a statement made under penalty of perjury that the complaining party is authorized to act on behalf of the copyright owner.
(g) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
A notice that does not substantially comply with the requirements above may not be effective, and BookR may request that the sender supply the missing information.
Notice to senders. A person who knowingly materially misrepresents that material is infringing may be liable for damages under 17 U.S.C. §512(f). Senders should consider whether the use complained of is a fair use before submitting a notice.
4. RESPONSE TO CLAIMS
Upon receipt of a notice that substantially complies with Section 3, BookR will act expeditiously to remove, or disable access to, the material identified in the notice.
BookR will also:
(a) take reasonable steps to notify the User who provided the material that it has been removed or disabled; (b) provide that User with a copy of the notice, or the substance of it; and (c) inform that User of the right to submit a counter-notification under Section 6.
BookR may additionally investigate the allegation, restrict the associated Listing, or take other action it reasonably considers appropriate.
Removal or disabling of material under this Section is not a determination that infringement has occurred. See Section 8.
5. REPEAT INFRINGERS
BookR has adopted, and will reasonably implement, a policy of terminating in appropriate circumstances the Accounts of Users who are repeat infringers.
For purposes of this Policy, BookR will treat a User as a repeat infringer where the User has been the subject of three (3) separate notices within a twelve (12) month period under Section 3 that were not withdrawn and that were not successfully answered by a counter-notice under Section 6. 17 U.S.C. § 512(i)(1)(A) does not itself specify a number or counting period — it requires only that a provider reasonably implement a policy providing for termination "in appropriate circumstances" — so this figure is BookR's own policy choice, not a statutory requirement. Three-in-twelve-months is a widely used industry formulation; see docs/legal/REVIEW-NOTES.md §0.7 item 6.
BookR may also suspend or terminate an Account, remove Listings, or restrict Platform access at any time where BookR reasonably determines that a User has engaged in repeated or egregious infringement, in accordance with Terms of Service §8.11 and §15.1.
Notices that are withdrawn, that are found to be materially misrepresented, or that are answered by a counter-notice after which the material is restored, are not counted against a User.
6. COUNTER-NOTICES
6.1 Right to Submit a Counter-Notice.
A User whose material has been removed or disabled may submit a written counter-notification to the agent identified in Section 7.
6.2 Contents of a Counter-Notice.
To be effective, a counter-notification must include:
(a) the User's physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, and the location at which it appeared before it was removed or disabled; (c) a statement under penalty of perjury that the User has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) the User's name, address, and telephone number; and (e) a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the User's address is located — or, if the User's address is outside the United States, any judicial district in which BookR may be found — and that the User will accept service of process from the person who submitted the notice under Section 3, or that person's agent.
6.3 What BookR Does With a Counter-Notice.
Upon receipt of a counter-notification that substantially complies with Section 6.2, BookR will:
(a) promptly provide the person who submitted the original notice with a copy of the counter-notification; and (b) inform that person that BookR will replace the removed material, or cease disabling access to it, in ten (10) business days.
6.4 Restoration of Material.
BookR will replace the removed material, or cease disabling access to it, not less than ten (10) and not more than fourteen (14) business days following receipt of the counter-notification, unless the agent identified in Section 7 first receives notice from the person who submitted the original notice that that person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material.
6.5 Misrepresentation.
A person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages under 17 U.S.C. §512(f).
7. DESIGNATED COPYRIGHT AGENT
Copyright notices under Section 3 and counter-notifications under Section 6 must be directed to BookR's designated agent:
Designated Agent: [Agent Name]
Organization: BookrApp, LLC
Address: 1120 Moraine Drive, Woodstock, IL 60098
Telephone: [Agent Telephone Number]
Email: jacksonlyons@bookr-app.com
BookR may update this contact information from time to time. Where BookR does so, it will also update the corresponding entry in the U.S. Copyright Office Directory of Designated Agents.
Notices sent to any address other than the one above may not be received or acted upon.
8. TRADEMARK, COUNTERFEIT, AND OTHER NON-COPYRIGHT COMPLAINTS
Do not send trademark or counterfeit complaints to the designated agent in Section 7. That agent is designated under the Digital Millennium Copyright Act for copyright notices and counter-notifications only. The DMCA's notice-and-takedown and safe-harbor procedures do not apply to trademark infringement, counterfeit goods, publicity or privacy rights, or defamation, and a complaint about any of those sent to the copyright agent will not be processed under this Policy.
Send those complaints instead to jacksonlyons@bookr-app.com with "Trademark" or "Counterfeit" in the subject line, and include:
(a) your name, organization, address, telephone number, and email address; (b) identification of the trademark relied on, including its registration number and registering jurisdiction where registered, or a description of the unregistered rights claimed; (c) identification of the Listing, Item, or content complained of, with enough detail for BookR to locate it; (d) an explanation of why the identified material infringes or is counterfeit; and (e) a statement that the information in the complaint is accurate and that you are the rights holder or are authorized to act on the rights holder's behalf.
BookR reviews these complaints under the Community Standards and Prohibited Items Policy and the Terms of Service rather than under the DMCA procedures in Sections 3 through 6. Section 9's statement that BookR makes no legal determination applies to these complaints as well.
9. NO LEGAL DETERMINATION
BookR does not independently determine ownership of copyrighted materials and may remove content in response to infringement claims without making legal determinations regarding ownership.
Removal or restoration of material under this Policy reflects BookR's application of the procedures described here and is not an assessment of the merits of any claim.
10. POLICY MODIFICATIONS
BookR reserves the right to modify this Policy at any time.
11. RELATIONSHIP TO OTHER POLICIES
This Policy should be read together with:
(a) Terms of Service, in particular Article IX and Article X; (b) Community Standards and Prohibited Items Policy; (c) Privacy Policy; and (d) other applicable Platform policies.
Terms used in this Policy and not defined here have the meanings given to them in the Terms of Service.
In the event of a conflict between this Policy and the Terms of Service, the Terms of Service shall govern.
12. CONTACT INFORMATION
Notices and counter-notifications under this Policy must go to the designated agent in Section 7.
General questions about this Policy, which are not notices and will not be treated as notices, may be directed to:
BookrApp, LLC
1120 Moraine Drive, Woodstock, IL 60098
jacksonlyons@bookr-app.com