DMCA

Last Updated: 22/10/2024

We respect the intellectual property of others and expect everyone who uses BIGwiki to do the same.

If you believe someone is infringing your intellectual property rights, let us know via the procedure below. We will process and investigate your notice in compliance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

How to Submit a Copyright Complaint

The most efficient way to submit a complaint of copyright infringement is to email our Copyright Agent at [email protected] (subject line “DMCA Takedown Request”).

Your notice must include:

  1. A description of the work you believe has been infringed.
  2. A description of where the material you think is infringing is located on our services (detailed enough so that we can find it, including identifiers like message links or other IDs).
  3. A statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law, and that the information in your notice is accurate.
  4. A statement, made under penalty of perjury, that you are the copyright or intellectual property owner, or authorized to act on the copyright or intellectual property owner’s behalf.
  5. Your name and contact information so you can be reached including mailing address, telephone number, and/or email address.
  6. Your physical or electronic signature.

Please note: There are legal and financial consequences for fraudulent or bad faith submissions. Confirm that you are the rights holder or have the authority to act on the rights holder’s behalf, and that you understand the repercussions of submitting a false claim.

Counter-Notices

If you believe that your removed or disabled content did not infringe any intellectual property rights, you may send our Copyright Agent a counter-notice with the following information:

  1. Identification of the content that has been removed or disabled and the content’s location before it was removed or disabled.
  2. A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content.
  3. Your name and contact information so you can be reached including mailing address, telephone number, and/or email address.
  4. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, to the Northern District of California, and that you will accept service of process from the person who notified BIGwiki of the alleged infringement.
  5. Your physical or electronic signature.

Complaint Resolution

If our Copyright Agent receives a valid counter-notice to a complaint, we will forward it to the complaining party. If there’s still a dispute, it’s up to the parties to resolve the issue in court. Unless the copyright owner notifies us that they have filed an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Infringement Consequences

We may delete or disable content alleged to be infringing. It is our policy to terminate account holders who we determine to be repeat copyright infringers.

Trademark Policy

Trademark Complaints

If you believe someone is infringing your trademark rights, let us know via the procedure below.

How to Submit a Trademark Complaint

To submit a complaint of trademark infringement, contact [email protected]. Please provide all the information requested in the form. If you submit an incomplete report, we will need to follow up about the missing information, which will likely delay the processing of your request.

Once We Review Your Request

We will inform the user or server owner of your complaint. We may provide the account holder with your name and other information included in the copy of the report.

Trademark Appeals

The user will have 7 days to respond (or longer if required by law) and make a good faith representation that they have a legally defensible claim to use the mark.

Complaint Resolution

If we do not receive a response from the subject of the complaint, the content will remain down. If we receive a valid counter-notice, we will inform the complainant. It will be the responsibility of the complainant to seek alternative methods to enforce their trademark rights.

Infringement Consequences

If we determine that you violated our trademark policy, we may terminate your account. It is our policy to terminate account holders who we determine to be repeat infringers, and it is within our discretion to ban an account upon receiving a single valid complaint.

Contact Information:

BIGwiki Inc.,

Attention: DMCA/Trademark Requests,

Email: [email protected]

By maintaining these policies, BIGwiki ensures the protection of intellectual property rights while providing a fair process for resolving disputes.

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