Notification and Takedown procedures
Odealo.com ("We") is an online marketplace that qualifies as a "Service Provider" in the meaning of 512(k)(1) of the Digital Millennium Copyright Act ("DMCA"). As such, We are entitled to specified limitation of liability from claims of copyright infringement under the DMCA.
Working as a public, open marketplace, We generally do not check content uploaded by the Users for copyright infringement or violations of other third-party rights, whereas posting such content is strictly prohibited under the provisions of our User Agreement.
Notification of Claimed Infringement
In the event that you believe that your work has been copied and used in such a way that constitutes copyright infringement, please send your Notification of Claimed Infringement to DMCA@odealo.com including the following:
Your contact information:
- Your Name, email address, optionally a telephone number;
Please note that this information may be shared with the User who is allegedly posting infringing materials, as he may want to contact you directly to resolve the matter.
Copyright owner information:
- Name of the copyright owner (Your name or the organization for whom you are the authorized representative);
- Address of the copyright owner;
- Contact information to the copyright owner;
- Website of the copyright owner or other URLs where the copyrighted work can be found.
The content you are reporting:
- a description of the copyrighted work that you claim has been infringed;
- a detailed description of where the material is located on our website including specific URLs at which the allegedly infringing material can be found. Please be advised that User-posted content displayed on home and main category pages changes dynamically due to the nature of our "Bump" system, and the generally non-permanent status of User-posted content. As such, providing URLs to the allegedly infringing materials directly may help us address your Notification accurately;
- a brief description of how the materials on our website are allegedly infringing your copyrights;
- any relevant information that may help us address the Notification correctly.
- a statement that you have a good faith belief that the use of reported materials is not authorized by the copyright owner, its agent, or the law;
- a statement made under penalty of perjury, that you are the intellectual property rights owner, or you are authorized to act on his behalf;
- a statement that you undertake to compensate us or our Users for any damages, loss, or liability arising from the compliance to the Notification.
- Electronic or Physical signature of the author of the Notification, that has to match the data provided in Your Contact Information section.
The procedures only apply to claims of copyright infringement by copyright owners or their authorized representatives.
Upon receipt of a Notification that complies with §512 of the DMCA and includes the necessary information explained above, and as we determine there is sufficient proof of copyright infringement, we will take the following steps:
- Remove or disable access to the infringing materials;
- Send a copy of the Notification to the User who posted the materials, informing him that the materials were removed or had disabled access;
- Take necessary steps to suspend the User's account in case of serious or repeated violations.
If you are a User who was notified that your content was removed from the website due to claimed infringement, and you: 1)are the owner of the removed materials; 2) had the authorization to post the removed materials, or 3) the use of the materials falls under the Fair Use under the DMCA, you can provide a counter-notification in writing to DMCA@odealo.com. The counter-notification must include:
- Your name, address, contact information;
- Your physical or electronic signature;
- Identification of the material that was removed due to our compliance with the Notification presented to you;
- 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;
- A statement that you consent to the jurisdiction of the Court in which the address is located, or if your address is outside Poland, you will accept service of process from the person who provided the Notification or an authorized representative of such person;
- Acceptance to compensate us or any other person or organization, against any damages, loss, or liability arising from our compliance with such counter-notification.
Upon receipt of such counter-notification provided in the manner described under 17 U.S.C. § 512, we will:
- Provide a copy of the counter-notification to the complaining party;
- Inform the complaining party that we will be restoring access to the disabled or removed materials within 14 days unless the copyright owner or its authorized representative informs us that an action has been filed seeking a court order to restrain the User from engaging in infringing activity relating to the material on our website.
Please understand that pursuant to the DMCA, we do not judge the merits of your Notifications (or counter-notifications). As such, we will not respond to requests to remove or disable access to, any allegedly infringing material, or to restore any material that has been removed, except according to the procedures set above or otherwise required by law.