This Copyright / Notice and Takedown Policy ("Policy") outlines the procedures for reporting alleged copyright infringement on the BookFylo Platform and for BookFylo’s response to such reports.
BookFylo operates as an online distribution service provider and intermediary, facilitating the self-publishing and distribution of literary works by its users. We respect the intellectual property rights of others and expect our users to do the same. This Policy is designed to comply with applicable Indian laws, including the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
1. Reporting Copyright Infringement
If you are a copyright owner or an agent authorized to act on behalf of a copyright owner, and you believe that any content on the BookFylo Platform infringes upon your copyright(s), you may submit a written copyright infringement notice ("Takedown Notice") to us through our contact page.
1.1. Requirements for a Valid Takedown Notice:
To be effective, a Takedown Notice must be a written communication that includes substantially the following information:
Identification of the Copyrighted Work: A clear and detailed identification of the copyrighted work claimed to have been infringed. This should include the title, author, ISBN (if applicable), and any other information that helps us locate the original copyrighted work.
Identification of the Allegedly Infringing Material: A clear and specific identification of the material on the BookFylo Platform that you claim is infringing your copyright. This must include sufficient information to allow us to locate the material, such as the exact URL(s) of the book page(s) or content within the BookFylo app.
Contact Information of the Complainant: Your full legal name, physical address, telephone number, and email address.
Statement of Good Faith Belief: A statement that you have a good faith belief that the use of the copyrighted 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 the Takedown Notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Electronic or Physical Signature: An electronic or physical signature of the copyright owner or a person authorized to act on their behalf.
1.2. How to Submit a Takedown Notice:
All Takedown Notices must be sent to us through our contact page. Please ensure your Takedown Notice meets all the requirements outlined in Section 1.1. Incomplete notices may not be acted upon.
2. BookFylo’s Response to a Takedown Notice
Upon receipt of a valid Takedown Notice that substantially complies with the requirements in Section 1.1, BookFylo will:
Acknowledge Receipt: Acknowledge the receipt of the complaint within 24 hours.
Review and Action: Promptly review the complaint and, if it appears valid and complete, take reasonable steps to remove or disable access to the allegedly infringing material within 36 hours of receiving the valid notice.
Notify User: Make reasonable efforts to notify the user who uploaded the allegedly infringing content ("Alleged Infringer") that their content has been removed or access disabled, and provide them with a copy of the Takedown Notice (with personal contact information of the complainant redacted, if necessary).
Preserve Records: Maintain records of all Takedown Notices and actions taken.
Important Note: BookFylo acts as an intermediary and does not adjudicate copyright disputes. Our action of removing or disabling access to content is based on our good faith belief that the notice is valid and complete, and is taken to comply with legal obligations.
If you are an Alleged Infringer and believe that the material was removed or disabled by mistake or misidentification, or that you have the right to use the content, you may submit a written counter-notice ("Counter-Notice") to us through our contact page.
3.1. Requirements for a Valid Counter-Notice:
To be effective, a Counter-Notice must be a written communication that includes substantially the following information:
Identification of the Removed Material: A clear and specific identification of the material that has been removed or to which access has been disabled, and the URL(s) or other location(s) at which the material appeared before it was removed or access was disabled.
Statement of Good Faith Belief: A statement that you have 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.
Contact Information of the Alleged Infringer: Your full legal name, physical address, telephone number, and email address.
Consent to Jurisdiction: A statement that you consent to the jurisdiction of the courts located in Moradabad, Uttar Pradesh, India] (where BookFylo is based) and that you will accept service of process from the person who provided the original Takedown Notice or an agent of such person.
Electronic or Physical Signature: An electronic or physical signature of the Alleged Infringer.
3.2. How to Submit a Counter-Notice:
All Counter-Notices must be sent to us through our contact page.
4. BookFylo’s Response to a Counter-Notice
Upon receipt of a valid Counter-Notice, BookFylo will:
Acknowledge Receipt: Acknowledge the receipt of the Counter-Notice within 24 hours.
Forward to Complainant: Promptly provide a copy of the Counter-Notice to the person who submitted the original Takedown Notice, informing them that BookFylo may replace the removed material or cease disabling access to it in not less than 15 days and not more than 21 days from receipt of the Counter-Notice, unless the copyright owner first notifies BookFylo that they have filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity related to the material on the Platform.
Restore Content (If Applicable): If BookFylo does not receive notice from the copyright owner that they have filed a court action within the specified timeframe, BookFylo may, in its sole discretion, restore the removed material or cease disabling access to it.
5. Repeat Infringer Policy
BookFylo reserves the right to terminate the accounts of users who are determined to be repeat copyright infringers. BookFylo may, in its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Disclaimer
BookFylo is an intermediary and does not have the ability to determine the validity of copyright claims or the legality of content. Our actions under this Policy are taken in good faith to comply with legal obligations and to protect the integrity of our Platform. By submitting a Takedown Notice or Counter-Notice, you agree that BookFylo will not be liable for any damages or losses incurred as a result of its actions taken in compliance with this Policy.
7. Contact Information
For any questions regarding this Policy or to submit a Takedown Notice or Counter-Notice, please contact us: