YardWyre — Copyright and DMCA Notices

YardWyre hosts material its customers upload — photographs of parts and vehicles, descriptions, and listings — and republishes some of it on public storefront pages. We do not review that material before it appears. If you own a copyright in something published through YardWyre and it is there without your permission, tell us and we will act on it.

We respond to notices that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). The procedure below is that statute's, not our invention, and following it is what lets us act quickly.

This page is how to reach us about copyright. It is not legal advice, and nothing here changes what the law requires of either of us. If you are unsure whether a use infringes, talk to a lawyer before sending a notice — a notice sent in bad faith carries its own liability, described at the foot of this page.

1. Our Designated Agent

Send notices of claimed copyright infringement to YardWyre's designated agent:

This agent is also registered with the United States Copyright Office. Use this contact only for copyright notices — anything else sent here will be slower to reach the right person than our ordinary contact form.

2. Sending a Notice of Claimed Infringement

A notice has to contain all six of the following for us to act on it. Five of them are just precision about what and where; the sixth is a sworn statement, so read it before you sign.

Your physical or electronic signature.
Identification of the copyrighted work you say has been infringed. If there are many works on one site, a representative list is enough.
Identification of the material you say is infringing, described well enough that we can actually find it. A direct URL to the page, and which photograph or text on it you mean, is the single most useful thing you can give us — a notice naming a whole storefront takes far longer to act on than one naming a page.
Your name, mailing address, telephone number and email address.
A statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorised to act on the owner's behalf.

3. What We Do When a Notice Arrives

We remove or disable access to the material identified, promptly and without deciding who is right — that is not a judgment we are equipped or entitled to make. We then tell the customer who posted it what was removed, and pass on your notice so they know who asked and why. Your notice, including your contact details, goes to them in full, so that they are able to answer it.

4. If Your Material Was Removed by Mistake

You can send a counter-notification. It has to contain all of the following, and the last item is the one people overlook: sending a counter-notice means agreeing to be sued in a particular court.

Your physical or electronic signature.
Identification of the material that was removed, and where it appeared before it was removed.
A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification.
Your name, address and telephone number, 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 your address is outside the United States, any judicial district in which YardWyre may be found — and that you will accept service of process from the person who sent the original notice, or an agent of that person.

We will forward your counter-notification to whoever sent the original notice and tell them we intend to restore the material. Unless they tell us within ten business days that they have filed an action seeking a court order to keep it down, we restore it — not less than ten and not more than fourteen business days after receiving your counter-notice.

5. Repeat Infringers

We terminate the accounts of repeat infringers. We record every notice we act on against the account that posted the material. An account that accumulates them loses access to YardWyre, and we make that decision on the record we have rather than on a fixed count — a yard that photographs a manufacturer's catalogue once and stops is not in the same position as one that does it continually after being told.

A notice that is withdrawn, or answered by a counter-notification we act on, does not count against an account. We are also able to remove material or suspend an account at our own discretion, whether or not anyone has sent a notice, where we believe copyright is being infringed.

6. Notices Sent in Bad Faith

Under 17 U.S.C. § 512(f), anyone who knowingly materially misrepresents that material is infringing — or, in a counter-notification, that it was removed by mistake — is liable for the damages that misrepresentation causes, including costs and legal fees, to the other party and to us. Both statements above are made under penalty of perjury for that reason. Do not use this procedure to remove something you simply dislike, or to inconvenience a competitor.

7. Trademarks, and Everything Else

This page covers copyright only. For anything concerning the YardWyre name or brand, or any other complaint about material on the service, use the contact form. Our Terms of Service and Privacy Policy govern use of YardWyre generally.

Nothing on this page waives any right or remedy available to YardWyre or to any copyright owner, and acting on a notice is not an admission that the material infringed.