A. Filing a DMCA Notice to Remove Copyright-Protected Content

If you are a copyright owner, or agent of a copyright owner, and believe that any Content on this Service infringes on your copyright rights, please provide BarterPlace’ designated Copyright Agent with notification pursuant to the Digital Millennium Copyright Act (“DMCA”). Please refer to 17 U.S.C. § 512(c)(3) for further reference.

Your notification of alleged copyright infringement must include all of the following information:

1. Your name and contact information, such as address, telephone number, email address;
2. A description of the copyrighted work allegedly infringed. If the notification pertains to multiple works, a list of the copyrighted works;
3. A description of the allegedly infringing material on the Service that is to be removed, as well as information reasonably sufficient to permit us to locate the material (e.g., the URL);
4. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
5. A statement that, UNDER PENALTY OF PERJURY, the information in the notification is accurate and that you are the copyright owner, or are authorized to act on behalf of the copyright owner.
6. Your physical or electronic signature.

Failure to include any of this information in your notification to BarterPlace may invalidate your DMCA notice.

Submit this notification to BarterPlace’ designated Copyright Agent, named below.

Any Content on the Service that is found to infringe on the copyright rights of a work described in a valid DMCA notification will be removed, or access to such Content will be disabled, from the Service.

B. Filing a DMCA Counter-notification to Restore Removed Content

If you believe that your Content was removed, or that access to it was disabled, because of misidentification or mistake, and that it is not infringing, or if you are authorized to act on behalf of the copyright owner or the copyright owner’s agent, you may send a counter-notification containing all of the following information:

1. Your name and contact information, such as address, telephone number, email address;
2. A description of the Content that was removed or disabled and its previous location on the Blazing Tours website or mobile application (e.g., the URL);
3. A statement declaring that UNDER PENALTY OF PERJURY, you have a good faith belief that the Content was removed or disabled because of mistake or misidentification of the Content;
4. A statement that you consent to the jurisdiction of the federal court in San Francisco, California, and that you will accept service of process from the person or agent of the person who provided the original notification of alleged infringement;
5. Your physical or electronic signature.

C. Termination of Member Accounts

BarterPlace reserves the right to terminate Member Accounts, at its discretion, where a Member Account has been the target of a DMCA takedown notification or has willfully disregarded the Terms of Service. Repeat infringing Member Accounts may be terminated.

D. False Claims

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification shall be liable for any damages resulting from such misrepresentations. Do not make false claims.

E. Third Party Notification

BarterPlace may disclose any communications regarding DMCA notifications, counter-notifications, or other intellectual property complaints with third parties, including the Members who have submitted such allegedly infringing Content.