How to report copyright infringement
on Boatcheckin.

§ 1About this Policy

The Services enable Operators and Guests to upload content waiver text, vessel photos, operator logos, and similar materials. We do not pre-screen this content; Operators are responsible for the content they submit under our Terms of Service and Acceptable Use Policy.

If you are a copyright owner (or an agent authorized to act on behalf of one) and you believe content on the Services infringes your copyright, you can submit a notice as described below. We will respond to properly submitted notices in accordance with the DMCA.

§ 2Designated Agent

Our Designated Agent for receipt of notices of claimed infringement is:

§ 3Submitting a Notice of Infringement

To be effective under 17 U.S.C. § 512(c)(3), your notice must include each of the following six elements. Notices missing any of these may not be actionable.

• 01
  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• 02
  Identification of the copyrighted work claimed to have been infringed, or if multiple works are covered by a single notice a representative list.
• 03
  Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it typically, the specific URL(s) on the Services where the material appears.
• 04
  Your contact information name, address, telephone number, and email address so we can respond and, if appropriate, share it with the user who posted the content.
• 05
  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.
• 06
  A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

§ 4What we do when we receive a valid notice

On receipt of a notice we determine to be substantially compliant with § 512(c)(3), we will:

1. Remove or disable access to the allegedly infringing material promptly.
2. Notify the user who submitted the material of the removal and provide a copy of the notice.
3. Inform the user of their right to submit a counter-notice under § 3 below.

We are not obligated to evaluate the merits of a claim of infringement; removal or disabling access is our protective response under the DMCA.

§ 5Submitting a Counter-Notice

If you are a user whose content was removed or disabled and you believe it was removed in error for example, because the content is your own, is licensed, is used with permission, or qualifies as fair use you may submit a counter-notice.

To be effective under 17 U.S.C. § 512(g)(3), your counter-notice must include each of the following:

• 01
  Your physical or electronic signature.
• 02
  Identification of the material that was removed or disabled and the location where it appeared before removal.
• 03
  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.
• 04
  Your name, address, and telephone number, and 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 your address is outside the United States, any judicial district in which Boatcheckin may be found and that you will accept service of process from the party who submitted the original notice or an agent of that party.

§ 6What happens after a Counter-Notice

On receipt of a counter-notice we determine to be substantially compliant with § 512(g)(3), we will:

1. Promptly provide a copy to the party who submitted the original notice.
2. Inform that party that we may restore the removed material in 10 business days.
3. Restore the removed material between 10 and 14 business days after receipt of the counter-notice, unless we first receive notice from the copyright owner that they have filed a legal action seeking a court order to restrain the alleged infringement.

§ 7Repeat Infringer Policy

It is Boatcheckin's policy, in accordance with 17 U.S.C. § 512(i), to terminate in appropriate circumstances the accounts of users who are repeat infringers. We consider a user a repeat infringer when the user's account has been the subject of multiple unresolved, substantially compliant DMCA notices, or when the user has admitted to repeat infringement.

We apply this policy at our reasonable discretion based on the full record of conduct, including good-faith counter-notices and the nature of the content involved.

§ 8Trademark and other IP concerns

This Policy applies specifically to copyright. If you believe your trademark, publicity right, or other intellectual property right is being infringed on the Services, contact us at legal@boatcheckin.com. We evaluate each notice on its merits; non-copyright IP matters are not subject to the statutory DMCA timelines but receive a good-faith response.

§ 9Good faith and sworn statements

Both a notice under § 3 and a counter-notice under § 5 include a statement made under penalty of perjury. Treat the required statements accordingly. If you are unsure whether your concern rises to the level of infringement for example, whether a use qualifies as fair use, or whether a license you signed permits the use we recommend consulting an attorney before submitting a notice.

§ 10Contact

All DMCA notices and counter-notices should be directed to the Designated Agent above. For general copyright questions, contact us.