LAST UPDATED: August 28, 2023

Copyright Dispute Policy

We’ve adopted this policy for the handling of copyright infringement notifications, claims, and counter notices and appeals. Collaborative Boating, Inc. d/b/a Boatsetter and its affiliates (“Boatsetter”) respects the intellectual property of others, and one way it does that is by responding to complete notifications of alleged infringement of copyrighted material. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or account holders and (2) remove and discontinue service to repeat offenders.Remember that your use of the Services is at all times subject to the Terms of Service which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service

1.Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notification of claimed infringement that includes the following information to Boatsetter’s Designated Agent (our “Designated Agent,” whose contact details are listed below):

a.Identification of the work or material that you claim has been infringed (if this material exists online, please provide a URL);

b.Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Boatsetter is capable of finding and verifying its existence;

c.Contact information, including your name, address, telephone number and, if available, email address;

d.A statement that the notifier has a good faith belief that the work or material identified is not authorized by the copyright owner, its agent, or the law;

e.A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf; and

f.A physical or electronic signature of the owner of the copyright that has been allegedly infringed or a person authorized to act on behalf of the owner.

2.Once Proper Bona Fide Copyright Infringement Notification is Received by the Designated Agent: Upon receipt of a proper notification, we reserve the right to:

a.Remove or disable access to the infringing material;

b.Notify the account holder who is accused of infringement that we have removed or disabled access to the applicable material; and

c.Terminate such account holder's access to the Services if he or she is a repeat offender.

3.Procedure to Supply a Counter-Notice to the Designated Agent: If the account holder believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the account holder has the right to send us a counter-notice containing the following information to the Designated Agent:

a.A physical or electronic signature of the subscriber or account holder;

b.Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

c.A statement under penalty perjury that the subscriber or account holder has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

d.Subscriber or account holder’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Boatsetter is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Boatsetter may send a copy of the counter-notice to the original complaining party informing that person that Boatsetter may replace the removed material or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the subscriber or account holder accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Boatsetter's discretion.Boatsetter Designated AgentAll written notifications of claimed infringement and counter-notifications should be sent to Boatsetter’s Designated Copyright Agent which can be found at:Email: legal@boatsetter.com Phone: 954-626-8477 Attention: Legal Department, Collaborative Boating, Inc., 333 Las Olas Way CU1, Fort Lauderdale, Florida 33301Repeat Infringer PolicyBoatsetter reserves the right, in its sole discretion, to terminate any account holder for actual or apparent infringement of intellectual property rights. Boatsetter will terminate, under appropriate circumstances, the accounts of users who are repeat copyright infringers.Boatsetter may forward a copy of any notification including name and email address to the subscriber or account holder who posted that content in order to notify that person. It may also forward a copy of a notification (with personally identifiable information removed) to the Chilling Effects website (https://lumendatabase.org/) for publication, or post a copy of a notification (with personally identifiable information removed) on its Service. Any subscriber or account holder may ask for a copy of any notification, although Boatsetter may make redactions to eliminate irrelevant or personally identifying information.

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