How Jayobe handles copyright infringement claims and takedown requests.
1. Introduction and Scope
This DMCA Policy (the "Policy") describes the procedures by which JAYOBE, Inc. ("JAYOBE") responds to notices of alleged copyright infringement involving Content on the Platform operated by JAYOBE at jayobe.io. This Policy is the operative procedure document referenced by the JAYOBE Terms of Service (the "Terms"), located at jayobe.io/terms, at Section 13 and Section 13.1. Capitalized terms used but not defined in this Policy have the meanings given to them in the Terms.
JAYOBE responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). This Policy sets forth the requirements for submitting a takedown notice, the procedure JAYOBE follows upon receipt of a valid notice, the counter-notification procedure available to the User whose Content has been removed, and JAYOBE's policy for terminating repeat infringers.
Note
This Policy applies to Content posted to the Platform by Employers, Job Seekers, and any other User. It applies to all User-submitted Content on the Platform, including but not limited to Listings, profile content, uploaded documents, images, and communications transmitted through the Platform.
2. Designated Agent Information
JAYOBE has designated an agent to receive notifications of claimed copyright infringement under the DMCA. The designation is on file with the U.S. Copyright Office pursuant to 17 U.S.C. § 512(c)(2) and is publicly searchable through the Copyright Office's DMCA Designated Agent Directory at copyright.gov/dmca-directory. The contact information below is the exclusive channel for DMCA notices and counter-notices addressed to JAYOBE.
Email is the preferred method of submission. Notices and counter-notices sent to any email address other than dmca@jayobe.io or to any other JAYOBE channel (including general support, in-app messages, or social media) may not be received or processed as DMCA submissions.
3. Submitting a DMCA Takedown Notice
To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to the Designated Agent identified in Section 2 and must include substantially all of the elements required by 17 U.S.C. § 512(c)(3)(A). Submissions that omit any of the required elements may not be actionable and may be returned to the sender for correction.
A valid DMCA takedown notice must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit JAYOBE to locate the material. A direct URL to the allegedly infringing Listing, profile, or other Platform page is strongly preferred.
(iv) Information reasonably sufficient to permit JAYOBE to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Important
Notices that do not substantially comply with 17 U.S.C. § 512(c)(3)(A) may not be treated as effective for purposes of the DMCA and may not result in removal of the identified material. A notice that is deficient in any of items (ii), (iii), or (vi) above, in particular, will generally require correction before JAYOBE can act on it.
4. JAYOBE's Response to Valid Takedown Notices
Upon receipt of a notification that substantially complies with Section 3, JAYOBE will act expeditiously to remove, or disable access to, the material identified in the notice. JAYOBE's internal target is to process valid notices within forty-eight (48) hours of receipt, although the actual time to act may be shorter or longer depending on the volume of notices, the complexity of the identification, the need for clarification from the complaining party, and other operational factors. The forty-eight-hour target is an internal operational benchmark and is not a contractual commitment to any particular response time.
User Notification
JAYOBE will use reasonable efforts to notify the User who posted the allegedly infringing Content that the Content has been removed or disabled and to provide the User with a copy of the notice. Personal contact information of the complaining party may be redacted from the copy provided to the User upon reasonable request of the complaining party, subject to JAYOBE's obligation under 17 U.S.C. § 512(g)(2) to provide the complaining party with the User's counter-notification (including the User's name, address, and consent to jurisdiction) if a counter-notification is submitted.
Additional Remedies
Removal or disablement of Content under this Policy is without prejudice to any other remedy JAYOBE may exercise under the Terms, the Acceptable Use Policy located at jayobe.io/aup, or any other JAYOBE policy. JAYOBE may also suspend or terminate accounts associated with repeat infringement as set forth in Section 6 of this Policy.
5. Counter-Notification Procedure
If you are a User whose Content has been removed or disabled in response to a DMCA takedown notice, and you have a good-faith belief that the Content was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification to the Designated Agent identified in Section 2. To be effective under 17 U.S.C. § 512(g)(3), the counter-notification must include substantially all of the following:
(i) A physical or electronic signature of the User.
(ii) 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.
(iii) A statement under penalty of perjury that the User 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.
(iv) The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the User's address is located, or, if the User's address is outside of the United States, for any judicial district in which JAYOBE may be found, and that the User will accept service of process from the person who provided the original notification under Section 3, or an agent of that person.
Note
Upon receipt of a counter-notification that substantially complies with 17 U.S.C. § 512(g)(3), JAYOBE will promptly provide the complaining party who submitted the original notice with a copy of the counter-notification and will inform the complaining party that JAYOBE will replace the removed material or cease disabling access to it in not less than ten (10) nor more than fourteen (14) business days following receipt of the counter-notification. JAYOBE will replace the removed material and cease disabling access to it within that time period unless the Designated Agent first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the Platform.
A User who knowingly submits a counter-notification containing material misrepresentations may be liable for damages under 17 U.S.C. § 512(f). Submitting a counter-notification is a legal action with legal consequences. Users should consult their own attorney before submitting a counter-notification if they are unsure whether their use of the material is lawful.
6. Repeat Infringer Policy
Important
In accordance with 17 U.S.C. § 512(i)(1)(A), JAYOBE has adopted and reasonably implements a policy that provides for the termination, in appropriate circumstances, of accounts of Users who are repeat infringers of copyright.
JAYOBE considers a User to be a repeat infringer when the User has been the subject of multiple valid DMCA takedown notices resulting in the removal or disablement of Content, or when the User's conduct otherwise indicates a pattern of infringement. JAYOBE's determination of whether a User is a repeat infringer, and of what constitutes "appropriate circumstances" for termination, is made in JAYOBE's reasonable good-faith discretion, taking into account the number of notices, the time period over which the notices were received, the outcome of any counter-notifications, and all other facts and circumstances JAYOBE deems relevant.
Termination of an account under this Section may include termination of any associated Listings, profiles, subscriptions, and access to the Platform, consistent with Section 20.2 of the Terms. Termination under this Section is without prejudice to any other remedy available to JAYOBE under the Terms, the Acceptable Use Policy, or applicable law.
7. Good-Faith Representations and Perjury Warning
Important
Both DMCA takedown notices and counter-notifications are sworn statements. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that (a) material or activity is infringing, or (b) material or activity was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by JAYOBE, as a result of JAYOBE's reliance on the misrepresentation in removing, disabling, or replacing material.
JAYOBE takes the integrity of the DMCA process seriously. Submission of a notice or counter-notification for any purpose other than the good-faith assertion of a copyright-based claim — including submission for the purpose of harassing another User, suppressing lawful speech, or interfering with a competitor — is not a permitted use of this Policy and may result in action under 17 U.S.C. § 512(f), the Terms, or applicable law.
8. No Legal Advice
This Policy describes procedures under the DMCA but is not legal advice. The DMCA is a federal statute and its application to any particular situation depends on facts and legal issues beyond the scope of this Policy. JAYOBE is not your attorney and cannot advise you on whether your claim of infringement is meritorious, whether your use of material is a fair use, whether your counter-notification is appropriate, or on any other legal question. If you are uncertain about your rights or obligations under the DMCA, you should consult an attorney licensed in your jurisdiction before submitting a notice or counter-notification.
9. Changes to This Policy
JAYOBE may modify this Policy at any time. The "Last Updated" and "Effective Date" shown above will be revised to reflect the date of the most recent modification.
Non-Material Changes
Non-material changes — including typographical corrections, clarifications, contact address updates (other than changes to the Designated Agent), formatting changes, and similar revisions that do not alter the substantive DMCA procedures described in this Policy — take effect upon posting of the updated Policy to the Platform with the Last Updated date revised accordingly.
Material Changes
Material changes — including changes to the Designated Agent, changes to the submission requirements, or changes to the counter-notification or repeat-infringer procedures — take effect upon posting of the updated Policy to the Platform at jayobe.io/dmca on or before the effective date.
A change to the Designated Agent will also be reflected in a corresponding amendment to JAYOBE's registration with the U.S. Copyright Office.
10. Contact
DMCA takedown notices and counter-notifications must be submitted to the Designated Agent identified in Section 2. General correspondence concerning this Policy that is not a DMCA notice or counter-notification may be directed to JAYOBE as follows:
JAYOBE, Inc.
Legal Notices and Service of Process (Registered Agent)
DMCA takedown notices and counter-notifications must be submitted to dmca@jayobe.io as described in Section 2. Correspondence sent to legal@jayobe.io will not be treated as a DMCA submission, will not be processed under this Policy, and will not preserve any deadline or right under the DMCA.
