DMCA Copyright Policy

Swap Inc, which operates GoSwap.org, respects the intellectual property rights of others and expects users to do the same. Listings, photos, and other content on GoSwap.org are posted by users. This page explains how to report content you believe infringes your copyright, and what happens after a report, under the Digital Millennium Copyright Act (17 U.S.C. § 512).

Designated Agent

Swap Inc is registered with the U.S. Copyright Office DMCA Designated Agent Directory under Registration No. DMCA-1079253. Send copyright notices and counter-notices to our designated agent:

Email is the fastest route. Put "DMCA notice" in the subject line so it is routed correctly.

Filing a Copyright Notice

To be effective under the DMCA, your notice must include all of the following:

1. Identification of the copyrighted work you claim has been infringed. If one notice covers several works, a representative list is enough.
2. Identification of the material you claim is infringing and enough information for us to locate it. A listing URL, or a listing URL plus a description of the specific photo or text, is sufficient.
3. Your name, mailing address, telephone number, and email address.
4. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
5. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.
6. Your physical or electronic signature.

Only the copyright owner or someone authorized to act on the owner's behalf may file a notice. If you are not sure whether a use is infringing, consider consulting an attorney before filing. A notice that does not contain all of the required elements may not be acted on.

What Happens After a Notice

When we receive a valid notice, we remove or disable access to the identified material and notify the user who posted it. We forward the notice, including your name and contact details, to that user so they can respond. We may also provide a copy to a third-party clearinghouse.

Filing a Counter-Notice

If your content was removed because of a copyright notice and you believe the removal was a mistake or the material was misidentified, you may send a counter-notice to the designated agent above. A counter-notice must include all of the following:

1. Identification of the material that was removed and the location where it appeared before removal.
2. Your name, mailing address, telephone number, and email address.
3. A statement, made under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification.
4. A statement that you consent to the jurisdiction of the federal district court for the district in which your address is located (or, if outside the United States, the District of Hawaii), and that you will accept service of process from the person who filed the original notice or their agent.
5. Your physical or electronic signature.

When we receive a valid counter-notice we forward it to the person who filed the original notice. If that person does not notify us within 10 business days that they have filed a court action seeking to restrain the infringement, we may restore the removed material between 10 and 14 business days after receiving the counter-notice.

Repeat Infringers

We terminate the accounts of users who are determined to be repeat infringers. We may also terminate an account after a single notice where the circumstances warrant it.

Misrepresentation

Under 17 U.S.C. § 512(f), a person who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake, can be liable for damages, including costs and attorney's fees incurred by the user, the copyright owner, or GoSwap.org. Do not file a notice or counter-notice unless you believe its contents to be accurate.

Other Intellectual Property

This page covers copyright. To report a trademark, publicity, or other intellectual property issue, email contact@goswap.org with a description of the right you hold and the content at issue. Content rules for all users are in the Terms of Use.