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Legal & Policies

DMCA / Copyright

Last Updated: January 26, 2026|Version: 1.0

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Table of Contents

1. Introduction

XILA ("we", "us", or "our") respects the intellectual property rights of others and expects our users to do the same. This DMCA/Copyright Policy describes our policy and procedures for handling claims of copyright infringement on our marketplace platform, including our website, mobile applications, and related services (collectively, the "Platform").

This policy is designed to comply with the Digital Millennium Copyright Act (DMCA) and similar copyright laws in other jurisdictions. We will respond to notices of alleged copyright infringement that comply with applicable law.

2. Our Commitment to Intellectual Property Rights

We take intellectual property rights seriously and are committed to:

  • Respecting the copyrights and other intellectual property rights of content creators

  • Responding promptly to valid copyright infringement claims

  • Removing infringing content when properly notified

  • Protecting the rights of users who post content in good faith

  • Complying with applicable copyright laws and regulations

3. Reporting Copyright Infringement

3.1 How to Report

If you believe that content on the Platform infringes your copyright or the copyright of someone you represent, you may submit a notice of alleged copyright infringement ("DMCA Notice") to our designated Copyright Agent.

3.2 Required Information

Your DMCA Notice must include the following information:

Identification of the Copyrighted Work

  • A description of the copyrighted work that you claim has been infringed

  • If multiple works are involved, a representative list of such works

  • The location (URL) of the original work, if available

Identification of Infringing Material

  • A description of the material that you claim is infringing

  • The exact location (URL) where the infringing material appears on the Platform

  • Sufficient information to allow us to locate the material

Contact Information

  • Your full name

  • Your mailing address

  • Your telephone number

  • Your email address

Statement of Good Faith

  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

Statement of Accuracy

  • A statement that the information in your notice is accurate

  • A statement that you are the copyright owner or authorized to act on behalf of the copyright owner

Signature

  • Your physical or electronic signature

  • If submitting electronically, a statement that your signature is valid

3.3 DMCA Notice Format

Your DMCA Notice should be in the following format:

Subject: DMCA Copyright Infringement Notice To: support@xila.io I, [Your Full Name], hereby give notice that: 1. I am the owner (or authorized to act on behalf of the owner) of the following copyrighted work: [Description of copyrighted work] [URL or location of original work] 2. The following material on XILA infringes my copyright: [Description of infringing material] [Exact URL(s) where material appears] 3. My contact information: Name: [Your Full Name] Address: [Your Mailing Address] Phone: [Your Phone Number] Email: [Your Email Address] 4. I have a good faith belief that the use of the material described above is not authorized by the copyright owner, its agent, or the law. 5. The information in this notice is accurate, and I am the copyright owner or authorized to act on behalf of the copyright owner. [Your Signature] [Date]

3.4 Where to Send DMCA Notices

Send your DMCA Notice to our designated Copyright Agent:

XILA Copyright Agent

Email: support@xila.io
Address: [Company Address - Legal Department]
Phone: [Phone Number]

Note: Only copyright infringement notices should be sent to the Copyright Agent. All other inquiries will be ignored.

4. Our Response to DMCA Notices

4.1 Review Process

Upon receipt of a valid DMCA Notice, we will:

  • Review the Notice: We will review your notice to ensure it contains all required information and complies with applicable law.

  • Investigate the Claim: We will investigate the alleged infringement and verify the information provided.

  • Contact the User: If the notice is valid, we will notify the user who posted the allegedly infringing content and provide them with a copy of your notice.

  • Remove or Disable Access: If we determine that the content is infringing, we will remove or disable access to the material promptly.

  • Notify You: We will notify you when we have taken action.

4.2 Response Time

We will respond to valid DMCA Notices within a reasonable time, typically within 48-72 hours of receipt. However, response times may vary depending on:

  • The complexity of the claim

  • The volume of notices received

  • The need for additional information

  • Legal or technical considerations

4.3 Counter-Notification

If we remove content based on your DMCA Notice, the user who posted the content may submit a counter-notification if they believe the content was removed in error. See Section 5 for information about counter-notifications.

5. Counter-Notification Process

5.1 Right to Counter-Notify

If you are a user whose content was removed due to a DMCA Notice, and you believe the removal was in error, you may submit a counter-notification.

5.2 Required Information

Your counter-notification must include:

Identification of Removed Material

  • A description of the material that was removed

  • The location (URL) where the material appeared before removal

Statement of Good Faith

  • 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

Contact Information

  • Your full name

  • Your mailing address

  • Your telephone number

  • Your email address

Consent to Jurisdiction

  • A statement that you consent to the jurisdiction of the federal court in your district (or if outside the U.S., the jurisdiction where XILA is located)

  • A statement that you will accept service of process from the person who submitted the DMCA Notice

Signature

  • Your physical or electronic signature

5.3 Counter-Notification Format

Your counter-notification should be in the following format:

Subject: DMCA Counter-Notification To: support@xila.io I, [Your Full Name], hereby give notice that: 1. The following material was removed from XILA: [Description of removed material] [URL where material appeared before removal] 2. I have a good faith belief, under penalty of perjury, that the material was removed or disabled as a result of mistake or misidentification. 3. My contact information: Name: [Your Full Name] Address: [Your Mailing Address] Phone: [Your Phone Number] Email: [Your Email Address] 4. I consent to the jurisdiction of [Federal Court District], and I will accept service of process from the person who submitted the DMCA Notice. [Your Signature] [Date]

5.4 Our Response to Counter-Notifications

Upon receipt of a valid counter-notification:

  • Review: We will review the counter-notification to ensure it contains all required information.

  • Notify the Complainant: We will provide a copy of the counter-notification to the person who submitted the original DMCA Notice.

  • Restore Content: We may restore the removed content within 10-14 business days, unless the original complainant files a court action seeking a court order to restrain the user from engaging in infringing activity.

  • Legal Action: If the original complainant files a court action, we will not restore the content until the matter is resolved.

6. Repeat Infringers

6.1 Policy on Repeat Infringers

We have a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights.

6.2 Identification of Repeat Infringers

A user may be considered a repeat infringer if:

  • They have received multiple valid DMCA Notices

  • They have had content removed due to copyright infringement on multiple occasions

  • They have violated our intellectual property policies repeatedly

6.3 Actions Against Repeat Infringers

If a user is identified as a repeat infringer, we may:

  • Issue a warning

  • Temporarily suspend the user's account

  • Permanently terminate the user's account

  • Take other appropriate action

7. False or Fraudulent Notices

7.1 Penalties for False Claims

Submitting a false or fraudulent DMCA Notice may result in:

  • Legal liability for damages

  • Costs and attorney's fees

  • Criminal penalties (in some jurisdictions)

7.2 Our Right to Reject Notices

We reserve the right to reject DMCA Notices that are:

  • Incomplete or missing required information

  • Clearly false or fraudulent

  • Submitted in bad faith

  • Not compliant with applicable law

8. User-Generated Content

8.1 User Responsibility

Users are responsible for ensuring that content they post on the Platform does not infringe the intellectual property rights of others. Users should:

  • Only post content they own or have permission to use

  • Respect copyrights, trademarks, and other intellectual property rights

  • Obtain proper licenses for copyrighted material

  • Attribute content appropriately when required

8.2 License to XILA

By posting content on the Platform, users grant XILA a license to use, display, and distribute the content as described in our Terms and Conditions and EULA. However, this license does not affect the user's ownership of the content or the rights of third parties.

8.3 Removal of Infringing Content

We may remove content that we believe, in our sole discretion, infringes intellectual property rights, even without a formal DMCA Notice, if we have a good faith belief that the content is infringing.

9. Trademark Infringement

9.1 Trademark Claims

This policy primarily addresses copyright infringement. For trademark infringement claims, please contact us at:

XILA Legal Department

Email: support@xila.io
Address: [Company Address]
Phone: [Phone Number]

9.2 Trademark Notice Requirements

Trademark infringement notices should include:

  • Identification of the trademark

  • Description of the infringing use

  • Proof of trademark ownership or authorization

  • Contact information

  • Statement of good faith belief

10. International Copyright Laws

10.1 Compliance with Local Laws

While this policy is designed to comply with the DMCA (U.S. law), we also comply with copyright laws in other jurisdictions, including:

  • European Union Copyright Directive

  • Canadian Copyright Act

  • Australian Copyright Act

  • Other applicable copyright laws

10.2 International Notices

If you are located outside the United States, you may still submit a copyright infringement notice. We will process notices from all jurisdictions in accordance with applicable law.

11. Fair Use and Other Defenses

11.1 Fair Use

Users may have the right to use copyrighted material under the doctrine of "fair use" or similar exceptions under applicable law. Fair use considerations include:

  • The purpose and character of the use

  • The nature of the copyrighted work

  • The amount and substantiality of the portion used

  • The effect on the potential market for the copyrighted work

11.2 Other Defenses

Users may have other defenses to copyright infringement claims, such as:

  • Permission or license from the copyright owner

  • Public domain status

  • Parody or satire

  • News reporting or commentary

11.3 Our Role

We do not make legal determinations about fair use or other defenses. Such determinations are made by courts or through legal proceedings.

12. Updates to This Policy

We may update this DMCA/Copyright Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of material changes by:

  • Posting the updated policy on the Platform

  • Sending email notifications to registered users

  • Updating the "Last Updated" date

This DMCA/Copyright Policy is effective as of the Last Updated date above. Please review this policy regularly as it may be updated from time to time.

13. Contact Information

To submit a DMCA takedown notice, file a counter-notification, or report any copyright infringement concerns on the platform, please contact our designated Copyright Agent. All copyright-related notices must be submitted in writing and will be reviewed in accordance with applicable intellectual property laws.