Copyright & Takedowns

BookMySpot is a hosting platform: Hosts create their own listings, event pages, images and other content, and we publish it on their behalf. We respect the intellectual property rights of others and expect everyone who uses the Platform to do the same. This policy explains how to tell us about content on BookMySpot that you believe infringes your copyright, and what happens after you do.

We respond to copyright complaints under the Australian Copyright Act 1968 (Cth), which governs the material we host from South Australia. Because some of our infrastructure and audience reach the United States, we also handle notices consistently with the process set out in the United States Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. You don't need to know which law applies to you - a notice that follows the steps below is enough for us to act.

This policy covers copyright only. For trade mark complaints, defamation, privacy concerns, or content that breaches our Terms in other ways, email our copyright agent below and we'll direct your report to the right place.

If you're the copyright owner, or authorised to act on their behalf, send a written notice to our copyright agent (details in section 06). To let us act quickly and lawfully, your notice must include all of the following:

• Identification of the copyrighted work you say has been infringed - or, if several works are covered by one notice, a representative list of them.
• The exact location of the material you want removed: the full BookMySpot URL (for example, the listing or event page address) and enough detail for us to find it.
• Your full name, postal address, telephone number and email address so we and the affected Host can contact you.
• A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law.
• A statement that the information in your notice is accurate, and - where you rely on the DMCA - that under penalty of perjury you are the owner of, or authorised to act for the owner of, the copyright.
• Your physical or electronic signature.

Send your notice by email to our copyright agent. A complete notice helps us act promptly; an incomplete one may delay our response while we ask you for the missing details.

When we receive a notice that reasonably complies with section 02, we may remove or disable access to the material expeditiously. Where it's practical, we'll take reasonable steps to let the Host who published the content know that we've done so and pass on a copy of your notice, so they can respond or file a counter-notice.

Taking content down in response to a notice isn't a finding that anyone did anything wrong. It's the process the Copyright Act and the DMCA set up to resolve these disputes without us deciding the underlying legal question. We may also preserve a copy of removed material and the notice for our records and to meet our legal obligations.

We keep a record of the notices we receive. Under our repeat-infringer policy (section 07), Hosts whose content is repeatedly and validly the subject of takedowns may have their listings restricted or their accounts terminated.

If you're a Host and your content was removed because of a copyright notice, and you believe the removal was a mistake or that you have the right to use the material, you can send us a counter-notice. It should include:

• Identification of the material that was removed and the BookMySpot location where it appeared before removal.
• A statement, made in good faith, that you believe the material was removed as a result of mistake or misidentification.
• Your full name, postal address, telephone number and email address.
• Where you rely on the DMCA, a statement under penalty of perjury to the above, and your consent to the jurisdiction of the relevant courts for your address (or, if you're outside the United States, a court where BookMySpot may be found).
• Your physical or electronic signature.

When we receive a valid counter-notice, we may pass it to the person who filed the original notice. We may restore the removed material in a reasonable time unless the original complainant tells us they've started legal proceedings to keep it down. As with takedowns, restoring content isn't a judgment about who is right - it's part of the process.

Notices and counter-notices carry legal weight. Knowingly making a material misrepresentation - for example, claiming content infringes your copyright when it doesn't, or falsely claiming a takedown was a mistake - can expose you to liability for the resulting costs and damages, including under section 512(f) of the DMCA. If you're unsure whether something infringes your rights, get legal advice before sending a notice.

Send only what a notice needs. Please don't include sensitive personal information beyond the contact details we ask for. We may share the content of a notice or counter-notice - including your contact details - with the other party to the dispute, and where the law requires it.

Send copyright notices and counter-notices to our designated copyright agent at support@bookmy.spot with "Copyright notice" in the subject line. We aim to acknowledge complete notices within a reasonable time, usually a few business days.

The BookMySpot platform is operated by XBIT Corp Pty Ltd (ABN 20 682 428 128), trading as BookMySpot, South Australia, Australia. This policy is governed by the laws of South Australia, Australia, and forms part of, and should be read together with, our Terms of Service and Privacy Policy.

We terminate, in appropriate circumstances and at our discretion, the accounts of Hosts who are repeat infringers. We may also restrict listings, remove content, or suspend accounts where we reasonably believe a Host is misusing the Platform to infringe the rights of others, consistent with our Terms of Service and applicable law.