DMCA & IP
Takedown

Pursuant to 17 U.S.C. § 512(c)(2), FileYield’s designated agent for receiving notifications of claimed infringement is:

TODO before launch: Replace placeholder address with the registered agent address. File the designated agent registration with the U.S. Copyright Office at dmca.copyright.gov to qualify for the safe harbor.

If you believe content on FileYield infringes your copyright, you may submit a written notification to the designated agent that includes all of the following (per 17 U.S.C. § 512(c)(3)):

• —A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• —Identification of the copyrighted work claimed to have been infringed
• —Identification of the material that is claimed to be infringing and that is to be removed, with information sufficient to permit FileYield to locate the material (e.g., URL, listing ID)
• —Information sufficient to permit FileYield to contact you (mailing address, telephone number, email address)
• —A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
• —A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf

Send the notice via email to support@fileyield.com with the subject line “DMCA Takedown Notice.”

Misrepresentations in a DMCA notice can subject you to liability for damages under 17 U.S.C. § 512(f). Do not file a notice unless you have a good-faith belief that the use is infringing.

If your content was removed in response to a DMCA notice and you believe the removal was the result of mistake or misidentification, you may submit a counter-notification under 17 U.S.C. § 512(g)(3). Your counter-notification must include:

• —Your physical or electronic signature
• —Identification of the material that has been removed and the location at which it appeared before removal
• —A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification
• —Your name, address, and telephone number
• —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 outside the U.S., the District of Delaware where FileYield is incorporated), and that you will accept service of process from the person who provided the original DMCA notice

Send counter-notifications to support@fileyield.com with the subject line “DMCA Counter-Notification.”

Upon receipt of a valid counter-notification, FileYield will forward it to the original complainant. If the complainant does not file a court action within 10-14 business days, FileYield may restore the removed material.

In accordance with 17 U.S.C. § 512(i)(1)(A), FileYield has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. We may consider any user the subject of more than two valid DMCA notices to be a repeat infringer.

If you believe content on FileYield violates a non-copyright IP right (trademark, trade secret, patent, right of publicity), please report it to support@fileyield.com with as much detail as possible. We will review and respond promptly. Note that the DMCA safe harbor applies only to copyright; other IP claims are evaluated under their respective legal frameworks.

Sellers warrant in our Seller Agreement that they have the right to commercialize the data they list. FileYield does not pre-screen listings for IP infringement, but we act on valid notices promptly. Sellers who knowingly list infringing material may be terminated and held liable for damages.

DMCA Agent: support@fileyield.com

FileYield Inc.
A Delaware corporation
[Mailing address — TBD before launch]