Digital Millennium Copyright Act

GayStaybnb, Inc. (“GayStay”) abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to valid notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by GayStay (such as https://www.gaystaybnb.com) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

GayStay does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with GayStay’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

REPEAT INFRINGER POLICY:

GayStay’s intellectual property policy is to (i) remove or disable access to material that GayStay believes in good faith or upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by, and to terminate the accounts of, “repeat infringers.”  GayStay considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom GayStay has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback.  GayStay has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon GayStay’s own determination.

NOTICE TO COPYRIGHT OWNERS:

If you believe material posted on, linked to or from this site is infringing, please provide a written, signed notice of infringement (a “DMCA Notice”) to GayStay’s Designated Agent using the contact information provided below. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the DMCA.

Pursuant to federal law, you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a DMCA Notice or if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first.

All valid DMCA Notices should include the following, pursuant to 17 U.S.C. § 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be 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 GayStay to locate the material;
  • Information reasonably sufficient to permit GayStay to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DESIGNATED AGENT CONTACT INFORMATION:  

GayStays’s designated agent for receipt of DMCA Notices (the “Designated Agent”) can be contacted at:

  • Via E-mail: copyright@gaystaybnb.com  
  • Via U.S. Mail: Copyright Agent:  GayStaybnb, Inc., 95 Christopher Street, 6B, New York, NY 10014
  • Via Telephone: 212-741-0435

COUNTER NOTIFICATIONS:

If you believe that your User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  • Your physical or electronic signature;
  • A description of the content that has been removed and the location at which the content appeared before it was removed;
  • A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the laws of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by GayStay’s Designated Agent, GayStay may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in GayStay’s discretion) be reinstated on the Service in 10 to 14 business days or more after receipt of the counter-notice.