DMCA Copyright Policy for Xyliase
1. Introduction
Xyliase respects the intellectual property rights of others and expects its merchants to do the same. It is our policy to respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
2. Notification of Alleged Copyright Infringement
If you believe that your copyrighted work has been listed on our marketplace without your permission, please use the "Report" button located in the footer of the website page where the content appears, or directly at [Report].
When filing an infringement report, please provide us with the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A description of the copyrighted work that you claim has been infringed, including the specific location on Xyliase where the material you claim is infringing is located.
• Your address, telephone number, and email address so that we, or the copyright owner, can make contact with you.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
3. The Process
Upon receipt of a properly formulated DMCA notice, Xyliase will:
1. Promptly remove or disable access to the material claimed to be infringing.
2. Forward the written notification to the alleged infringer ("Merchant").
3. Take reasonable steps to promptly notify the Merchant that it has removed or disabled access to the material.
4. Counter-Notice
A Merchant of Xyliase that believes that the material that was removed (or to which access was disabled) is not infringing, or the Merchant believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to law, must send a counter-notice containing the following information:
• The Merchant's physical or electronic signature.
• 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 access to it was disabled.
• A statement that the Merchant consents to the jurisdiction of Federal Court, or if the Merchant’s address is outside of the United States, for any judicial district in which Xyliase is located, and that the Merchant will accept service of process from the person who provided notification of the alleged infringement.
• A statement under penalty of perjury that the Merchant has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• The Merchant's name, address, and telephone number.
Xyliase will respond to a valid counter-notice by promptly notifying the claimant that it will replace the removed material, or cease disabling access to it, after 10 business days and unless the claimant files an action seeking a court order to keep the material down.
5. Repeat Infringers
In accordance with the DMCA and other applicable laws, Xyliase has adopted a policy of terminating, in appropriate circumstances and at Xyliase's sole discretion, merchants who are deemed to be repeat infringers. Xyliase may also at its sole discretion limit access to the Service and/or terminate the memberships of any merchants who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Modification of the Policy
Xyliase may modify this policy at any time by posting a revised version on our website.
Contact Us
For more information about our copyright policy, please contact us via support@xyliase.com.