Mixbook Copyright Complaints and Illegal Content Policy

Interactive Memories, Inc. a U.S. company incorporated in Delaware with registered address at 2000 Broadway Street, Redwood City, CA94063 (together with its corporate affiliates, “Mixbook,” “we,” “us,” “our”) respects the intellectual property rights of others and does not tolerate illegal content uploaded through the Service, and we ask our users to do the same. Mixbook will promptly process and investigate notices of alleged infringement and other content, and will take appropriate actions under the under the EU Digital Services Act (“DSA”), UK Online Safety Act (“OSA”) and any other applicable laws, with respect to alleged or actual infringement and any illegal content. If you believe any Content or any other material on the Service is illegal, and/or if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Mixbook.

You can give us notice of infringing or illegal content under the DSA or OSA by submitting this form.

To be effective, the notification must be in writing and contain the following information:

• if you are claiming any content infringes copyright or other intellectual property rights, a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
• a description of the alleged illegal content, or copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
• identification of the content that is claimed to be illegal or infringing or to be the subject of infringing activity, and where the content that you claim is illegal or infringing is located within the Platform, with enough detail that we may find it within the Platform;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and that you have a bona fide belief that the above information and allegations in your notice are accurate and complete, and, if you are claiming infringement of copyright of other intellectual property rights, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Any suspected fraudulent, abusive or illegal activity or illegal or harmful content may be referred to appropriate law enforcement authorities. Where we remove or restrict Content, suspend or terminate an account, or otherwise materially limit access to the Service, we will provide the affected User with a statement of reasons setting out the decision taken, the basis for that decision, whether automated tools were used in the review, and information on how to challenge the decision, where required by applicable law. Users may challenge a moderation decision through our internal complaints procedure for at least six (6) months following notification of the decision, where required by applicable law.

Further information on Mixbook’s policies in relation to content moderation, and our internal complaint handling system for content that breaches the law or does not comply with the Terms of Service or this Addendum, can be found here.

Counter Notice

If you believe that your Member Content that was removed (or to which access was disabled) is not illegal or infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to transmit and use the content in your Member Content, or you are a user in the EU and you otherwise wish to complain about any action we have taken, or not taken, in relation to restricting or removing content on the grounds that the content is illegal or incompatible with the Terms of Service or this Addendum, you may send a written counter-notice or complaint containing the following information to Mixbook using this form for illegal or infringing content under the DSA

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement by you, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
• Your name, address, telephone number, and email address.

If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party informing them that Mixbook may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Mixbook or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

In accordance with Article 11 of the EU Digital Services Act, the European Commission, EU Member States’ authorities, and the European Board for Digital Service may contact us regarding the application of the EU Digital Services Act. Click here for our DSA contact information.

Nothing in this Addendum limits your right to bring a claim for breach of contract where content is removed or an account is restricted in a manner that is inconsistent with the Terms of Service or this Addendum.

Repeat Infringer Policy

In accordance with the DSA, OSA and other applicable law, Mixbook has adopted a policy of terminating, in appropriate circumstances and at Mixbook’s sole discretion, the accounts of users who are deemed to be repeat infringers. Mixbook may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others or upload illegal content, whether or not there is any repeat infringement or upload.