Repeat Infringer Policy (TL;DR)
We want everyone to play fair and respect each others work! ✌️
If you have been told that an NFT product content uploaded to Bitski is possibly violating someone else's copyright (based on our content guidelines here), there are three strikes.
The first and second strike, you will get an email from email@example.com containing a link to the product on your Creator storefront asking you to remove the products, along with a question about the nature of your work in regards to the copyright holder.
On the third strike, the Bitski team reserves the right to remove the creator's work from being seen in various explore tabs, and give the creator a chance to take down the products until a time that the profile as a whole has been shown to be not in violation.
Bitski's Copyright Policy (Legal version)
Bitski, Inc (“Bitski”) respects the intellectual property rights of others and expects its users to do the same.
It is Bitski’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Bitski will respond quickly to claims of copyright infringement committed using the Bitski website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Bitski’s Designated Copyright Agent.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Bitski’s Designated Copyright Agent. Upon receipt of the Notice as described, Bitski will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
Repeat Infringer Policy (Legal version)
It is Bitski’s policy to terminate the account of users who have committed multiple Qualifying Infringements, in appropriate circumstances. A “Qualifying Infringement” is defined as (1) receipt of a valid infringement notice that results in the removal of the user’s material or reference or link to material from the Services where no valid counter notice is received; or (2) removal of a user’s material or reference or link to material from the Services, in the absence of a notification of claimed infringement, because we obtain actual knowledge that the material is infringing or we become aware of facts or circumstances from which the infringing nature of the material is apparent. We note that the existence of the first kind of Qualifying Infringement (our receipt of a valid infringement notice that results in the removal or disabling of access to the disputed material) does not mean that Bitski has determined that the allegation of copyright infringement is accurate or well-founded, merely that a formal, DMCA-compliant notification asserted a copyright infringement by the user.
It is our policy to provide the user with adequate notice and education prior to terminating the user’s account in order to give the user the opportunity to modify his or her behavior. Accordingly, if we receive a single notice covering multiple items of material or references or links posted by the same user, or if we receive one or more notices from the same copyright owner within 24 hours of the first warning notice sent to the same user, we will generally treat those notices as a single Qualifying Infringement.
If the incident is the first or second Qualifying Infringement, we will send a warning notice in the form of Exhibit B to the email address associated with the account from which the material or reference or link was posted. If the incident is the third Qualifying Infringement, we will generally terminate the user’s account, thereby preventing the user from any future posting of material or reference or link, posting of messages, or other participation in activities on the Services that require a user account. We will send an email in the form of Exhibit C notifying the user about why the user’s account has been terminated. We will seek to ensure that no future accounts can be created using the same email address.
If the Copyright Agent determines that it is appropriate to prevent copyright infringement on the Services or to prevent an inappropriate or unjust outcome, he or she may (a) terminate accounts even without two prior warnings; or (b) treat the removal of, or disablement of access to, material or references or links, as Qualifying Infringements in circumstances other than those described.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Bitski’s Designated Copyright Agent:
77 Van Ness Ave Suite 101 Box 1305 San Francisco, CA 94102