This DMCA Policy (“DMCA Policy”) describes the Digital Millennium Copyright Act (“DMCA”) notice and procedures for making claims of copyright or intellectual property infringement. It is managed by Network Travel, Inc. dba Trustr (“Trustr” or “we”), and it is governed by and incorporated by reference into the Terms of Service (“Terms”) set forth on the website for Trustr.
Trustr respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Trustr’s Copyright Agent as described below. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/. To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at 415-269-7616 to confirm that we received your original complaint. Sometimes our junk mail blocker blocks incoming emails. Make sure your junk mail blocker does not block our response.
Trustr requires the following information in your notice:
- For each allegedly infringing item of Content that you wish to have removed from one of our sites, fully describe such item, and provide the exact permanent URL for the page containing the material.
- Provide your full name, email address, telephone number, and full address.
- Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing Content: either (i) Proof of copyright in the Content concerned, namely proof of registration under the DMCA; OR, absent such registration, a detailed description of how you produced or purchased the Content, for example, where the photograph was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright in the image. We will not comply with requests to remove Content where the complainant cannot prove that they own the copyright in the image in question.
- State the following: “Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document and mail or email it to:
- Trustr
- 295 Cascade Drive
- Mill Valley, CA 94941
- Attn: Trustr Legal / DMCA Complaints
- 415-269-7616 and legal@trustr.com
OR email it as a PDF (i.e., Adobe Acrobat file) showing your signature to:
legal@trustr.com
Please note that you will be liable for damages (including costs and attorneys‘ fees) if you materially misrepresent that Content on our sites is infringing your copyrights. Indeed, in a case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys‘ fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that a copy of each legal notice we receive may be published on the site(s). If the image falls into one of the categories that are permitted under the Fair Use doctrine, we may determine that our use of the image is legitimate, and we will not remove it from the site.
If you have posted material subject to a DMCA notice that allegedly infringes a copyright, you may send Trustr a written counter notice pursuant to the DMCA. When Trustr receives a counter notice, it may, in its discretion, reinstate the material in question not less than ten (10) nor more than fourteen (14) days after receiving the counter notice unless Trustr first receives notice from the claimant that he or she has filed a legal action to restrain the allegedly infringing activity. Please note that Trustr will send a copy of the counter notice to the address provided by the claimant. To file a counter-notification:
- List Content that was removed by Trustr, and the location at which the Content appeared before it was removed. Identify the object in sufficient detail.
- Provide your full name, email address, telephone number, and full address.
- State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or San Francisco, California if your address is outside of the United States).
- State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
- State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the document and mail or email it to:
- Trustr
- 295 Cascade Drive
- Mill Valley, CA 94941
- Attn: Trustr Legal / DMCA Complaints Counter-Notification
OR email it as a PDF (i.e., Adobe Acrobat file) showing your signature to:
legal@trustr.com
TRUSTR HAS NO OBLIGATION TO ADJUDICATE CLAIMS OF INFRINGEMENT.Claimants, counterclaimants, and Users understand that Trustr is not an intellectual property tribunal. While Trustr may, in its discretion, use the information provided in a DMCA notice and counter notice in order to decide how to respond to infringement claims, Trustr is not responsible for determining the merits of such claims. If a counterclaimant responds to a claim of infringement by providing a counter notice, the counterclaimant agrees that if Trustr restores or maintains the Content, the counterclaimant will defend and hold Trustr harmless from any resulting claims of infringement against Trustr.
Last Updated: Mar 21, 2023