SetJetters DMCA Takedown Policy
SetJetters takes claims of copyright infringement seriously for any content that is hosted on our website or mobile app (together the “Site”). Posting content that infringes upon the copyright or intellectual property of others, may result in the termination of your account.
Below you will find more information about how the DMCA takedown process works along with instructions on how to submit a takedown notice (“DMCA Notice”) and a counter notice (“Counter Notice”). As with any legal matter, we always encourage you to consult with an attorney to ask questions to better understand your rights.
How the Takedown Process Works
The copyright owner will confirm they own the copyright to an original work and the content on the Site is unauthorized and infringing.
The copyright owner will send a DMCA Notice to SetJetters ensuring it meets all statutory requirements provided below.
SetJetters will contact the user and give them approximately 24 hours to delete or modify the content. If the user does not do so, SetJetters will remove the content from the Site.
If the user believes that their content was removed due to a mistake, the user may send a Counter Notice. SetJetters encourages users to consult with an attorney to review their options prior to submitting a counter notice.
Submitting a Takedown Notice
If you believe any materials on the Site infringe your copyright, you may submit a request for those materials to be removed by emailing ripley@setjetters.com with the subject line “DMCA Notice” by following the instructions below:
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the DMCA Notice must include substantially the following:
your name and contact details or that of your authorized agent (mailing address, phone number, and email where you can be reached);
information about where the infringing content can be found so that we can locate it along with a brief description or explanation of your original content;
a statement made in good faith confirming that the use of your content is not authorized by yourself, your agent, or the law and that you request that the content be removed;
a statement regarding the accuracy and truthfulness of the information that you are submitting as well as confirming under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed; and
a physical or electronic signature by yourself, as the copyright owner, or your authorized agent.
It is important to include all the above information to ensure that the DMCA Notice is effective. Additionally, if you knowingly misrepresent to SetJetters that content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.
Submitting a Counter Notice
If you believe content you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification (“Counter Notice”) by submitting an email to ripley@setjetters.com with the subject line “DMCA Counter Notice.” In accordance with the DMCA, the Counter Notice must include the following:
your name and contact details or that of your authorized agent (mailing address, phone number, and email where you can be reached);
Information about the content that has been removed and the location at which the content appeared before it was removed or access disabled;
a statement under penalty of perjury by you that you have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled;
a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue; and
a physical or electronic signature by yourself, as the copyright owner, or your authorized agent.
If you knowingly misrepresent to SetJetters that content on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.