DMCA Policy
Effective Date: November 25, 2024 | Last Updated: November 25, 2024
This Digital Millennium Copyright Act Policy ("DMCA Policy") describes the procedures by which BidayaX LLC, a Delaware limited liability company ("BidayaX," "Company," "we," "us," or "our"), responds to claims of copyright infringement on the Vaultheir platform and related services (the "Services").
BidayaX respects the intellectual property rights of others and expects users of our Services to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512) ("DMCA"), we will respond expeditiously to notices of alleged copyright infringement that comply with the DMCA and other applicable laws.
1. NOTIFICATION OF CLAIMED INFRINGEMENT
If you are a copyright owner, or an agent authorized to act on behalf of one, and you believe that copyrighted work has been copied, posted, or distributed via our Services in a way that constitutes copyright infringement, please submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing:
Required Elements of a Valid DMCA Notice:
- Signature: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of Copyrighted Work: Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of Infringing Material: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g., specific URLs or file identifiers).
- Contact Information: Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- Good Faith Statement: A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Accuracy Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WARNING: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider.
2. DESIGNATED COPYRIGHT AGENT
DMCA notifications must be sent to our Designated Copyright Agent at:
BidayaX LLC
Attn: DMCA Copyright Agent
Email: support@bidayax.com
Subject Line: "DMCA Takedown Notice - [Your Name/Company]"
Delaware, United States
Please note that communications unrelated to DMCA notices may not receive a response if sent to this address.
3. PROCESSING OF DMCA NOTICES
Upon receipt of a valid DMCA notification, we will:
- Acknowledge receipt of the notification within 2 business days
- Review the notification for compliance with DMCA requirements
- If valid, expeditiously remove or disable access to the allegedly infringing material (typically within 24-72 hours)
- Notify the user who uploaded the content that the material has been removed
- Preserve copies of the notification and any removed content for our records
4. COUNTER-NOTIFICATION PROCEDURES
If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent containing the following:
Required Elements of a Valid Counter-Notification:
- Signature: Your physical or electronic signature.
- Identification of Material: Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
- Statement Under Penalty of Perjury: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Contact Information: Your name, address, and telephone number.
- Consent to Jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you are outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Processing Timeline: Upon receipt of a valid counter-notification, we will promptly forward a copy to the original complaining party. If the complaining party does not file a court action seeking to restrain the allegedly infringing activity within 10-14 business days, we may restore the removed material.
5. REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.
- First Offense: Written warning and removal of infringing content
- Second Offense: 30-day account suspension and removal of infringing content
- Third Offense: Permanent account termination without refund
We reserve the right to terminate any account at any time for repeated or egregious infringement, even on a first offense for willful or commercial-scale infringement.
6. SPECIAL CONSIDERATIONS FOR BLOCKCHAIN RECORDS
IMPORTANT NOTICE: Vaultheir records cryptographic hashes of content on the Hedera Hashgraph blockchain. These blockchain records are:
- Immutable: Once recorded on the blockchain, transaction hashes cannot be modified or deleted.
- Non-Content: Blockchain records contain only cryptographic hashes (not the actual content). The hash alone does not reveal or reproduce the original content.
- Removable from Platform: While blockchain records are permanent, we can remove the associated content and metadata from our platform.
Upon a valid DMCA takedown, we will: (1) remove the infringing content from our servers, (2) disable access to associated certificates and metadata, and (3) mark the blockchain record as subject to a DMCA claim in our internal records.
7. SUBPOENAS AND LAW ENFORCEMENT
We may disclose user information in response to valid subpoenas, court orders, or other legal processes. We may also disclose information when we have a good faith belief that disclosure is necessary to:
- Comply with applicable law or legal process
- Protect the rights, property, or safety of BidayaX, our users, or the public
- Detect, prevent, or address fraud, security, or technical issues
8. PRESERVATION REQUESTS
If you are a copyright owner or law enforcement authority investigating potential infringement, you may submit a preservation request to preserve relevant evidence. Preservation requests should be sent to our Designated Copyright Agent and include:
- Identification of the user account or content to be preserved
- The legal basis for the preservation request
- Contact information for follow-up
We will preserve identified materials for 90 days, renewable upon request, pending receipt of formal legal process.
9. INTERNATIONAL CONSIDERATIONS
While this policy is based on the U.S. DMCA, we also comply with equivalent copyright laws in other jurisdictions, including:
- European Union Copyright Directive (EU 2019/790)
- UK Copyright, Designs and Patents Act 1988
- Canadian Copyright Act
- Australian Copyright Act 1968
International copyright holders may submit takedown requests following similar procedures, identifying the applicable legal framework.
10. MODIFICATIONS TO THIS POLICY
We reserve the right to modify this DMCA Policy at any time. Changes will be effective immediately upon posting. Your continued use of the Services after any changes indicates your acceptance of the modified policy.
11. CONTACT INFORMATION
For questions about this DMCA Policy:
This DMCA Policy is provided in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
Copyright 2024 BidayaX LLC. All rights reserved. Vaultheir is a trademark of BidayaX LLC.