DMCA / Copyright

3.1 How to Report

If you believe that content on the Platform infringes your copyright or the copyright of someone you represent, you may submit a notice of alleged copyright infringement ("DMCA Notice") to our designated Copyright Agent.

3.2 Required Information

Your DMCA Notice must include the following information:

Identification of the Copyrighted Work

• A description of the copyrighted work that you claim has been infringed

• If multiple works are involved, a representative list of such works

• The location (URL) of the original work, if available

Identification of Infringing Material

• A description of the material that you claim is infringing

• The exact location (URL) where the infringing material appears on the Platform

• Sufficient information to allow us to locate the material

Contact Information

• Your full name

• Your mailing address

• Your telephone number

• Your email address

Statement of Good Faith

• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

Statement of Accuracy

• A statement that the information in your notice is accurate

• A statement that you are the copyright owner or authorized to act on behalf of the copyright owner

Signature

• Your physical or electronic signature

• If submitting electronically, a statement that your signature is valid

3.3 DMCA Notice Format

Your DMCA Notice should be in the following format:

4.1 Review Process

Upon receipt of a valid DMCA Notice, we will:

• Review the Notice: We will review your notice to ensure it contains all required information and complies with applicable law.

• Investigate the Claim: We will investigate the alleged infringement and verify the information provided.

• Contact the User: If the notice is valid, we will notify the user who posted the allegedly infringing content and provide them with a copy of your notice.

• Remove or Disable Access: If we determine that the content is infringing, we will remove or disable access to the material promptly.

• Notify You: We will notify you when we have taken action.

4.2 Response Time

We will respond to valid DMCA Notices within a reasonable time, typically within 48-72 hours of receipt. However, response times may vary depending on:

• The complexity of the claim

• The volume of notices received

• The need for additional information

• Legal or technical considerations

5.1 Right to Counter-Notify

If you are a user whose content was removed due to a DMCA Notice, and you believe the removal was in error, you may submit a counter-notification.

5.2 Required Information

Your counter-notification must include:

Identification of Removed Material

• A description of the material that was removed

• The location (URL) where the material appeared before removal

Statement of Good Faith

• 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

Contact Information

• Your full name

• Your mailing address

• Your telephone number

• Your email address

Consent to Jurisdiction

• A statement that you consent to the jurisdiction of the federal court in your district (or if outside the U.S., the jurisdiction where XILA is located)

• A statement that you will accept service of process from the person who submitted the DMCA Notice

Signature

• Your physical or electronic signature

5.3 Counter-Notification Format

Your counter-notification should be in the following format:

6.1 Policy on Repeat Infringers

We have a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights.

6.2 Identification of Repeat Infringers

A user may be considered a repeat infringer if:

• They have received multiple valid DMCA Notices

• They have had content removed due to copyright infringement on multiple occasions

• They have violated our intellectual property policies repeatedly

7.1 Penalties for False Claims

Submitting a false or fraudulent DMCA Notice may result in:

• Legal liability for damages

• Costs and attorney's fees

• Criminal penalties (in some jurisdictions)

8.1 User Responsibility

Users are responsible for ensuring that content they post on the Platform does not infringe the intellectual property rights of others. Users should:

• Only post content they own or have permission to use

• Respect copyrights, trademarks, and other intellectual property rights

• Obtain proper licenses for copyrighted material

• Attribute content appropriately when required

8.2 License to XILA

By posting content on the Platform, users grant XILA a license to use, display, and distribute the content as described in our Terms and Conditions and EULA. However, this license does not affect the user's ownership of the content or the rights of third parties.

9.1 Trademark Claims

This policy primarily addresses copyright infringement. For trademark infringement claims, please contact us at:

10.1 Compliance with Local Laws

While this policy is designed to comply with the DMCA (U.S. law), we also comply with copyright laws in other jurisdictions, including:

• European Union Copyright Directive

• Canadian Copyright Act

• Australian Copyright Act

• Other applicable copyright laws

11.1 Fair Use

Users may have the right to use copyrighted material under the doctrine of "fair use" or similar exceptions under applicable law. Fair use considerations include:

• The purpose and character of the use

• The nature of the copyrighted work

• The amount and substantiality of the portion used

• The effect on the potential market for the copyrighted work

11.2 Other Defenses

Users may have other defenses to copyright infringement claims, such as:

• Permission or license from the copyright owner

• Public domain status

• Parody or satire

• News reporting or commentary