Copyright Policy
Notification of Copyright Infringement
JRSK, Inc. (d/b/a Away) and its affiliates and subsidiaries (collectively, “Away”) respect the intellectual property rights of others and expects its users to do the same.
It is Away’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others. . This Copyright Policy applies to all Away-operated platforms, including, but not limited to, www.awaytravel.com, Away mobile applications, Away social media accounts and user generated content, and any other digital platform operated by Away or its affiliates (the “Sites”).
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Away will respond expeditiously to claims of copyright infringement committed using the Sites that are reported to Away’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Away’s Designated Copyright Agent. Upon receipt of the Notice as described below, Away will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
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- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Counter-Notification Process
If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification by providing our Designated Copyright Agent with the following information:
1. Your physical or electronic signature
2. Identification of the material that was removed or disabled and the location where it appeared before removal
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
4. Your name, address, telephone number, and email address
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the United States, any judicial district in which Away may be found
6. A statement that you will accept service of process from the person who provided the original DMCA notice
Upon receipt of a valid counter-notification, Away will forward it to the original complainant and restore the material within 10-14 business days unless the complainant files a court action seeking a restraining order.
Repeat Infringer Policy
Away maintains a policy of terminating, in appropriate circumstances, users and account holders who are repeat infringers. Away considers a user a repeat infringer if:
- The user has received two or more valid DMCA takedown notices within a 12-month period, or
- The user has been subject to multiple court orders for copyright infringement.
Away will terminate accounts of repeat infringers and take reasonable steps to prevent re-registration. Account holders may appeal termination decisions by providing evidence that the infringement claims were invalid or that they have taken corrective measures.
Warning: Filing false or bad faith DMCA notices may result in liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f). Only file notices if you have a good faith belief that the use is not authorized.
Deliver this Notice, with all items completed, to Away’s Designated Copyright Agent:
Copyright Agent
c/o JRSK, Inc. (d/b/a Away)
82 Mercer Street, 3rd Floor
New York, NY 10012
copyright@awaytravel.com