 You're here: home » HerTaste Copyright Policy1. Copyrights overview Hertaste-posted content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of Hertaste and its licensors, and is protected by United States and international copyright laws. Hertaste makes no claim to third-party content that is rightfully posted on the Site. If you'd like to report an image violating our policies, please click notify us at [email protected] with the subject, “report abuse.” While you may not see immediate results from your report, we do take all reports into account when enforcing our image policies. If you're trying to report content that is using an image to which you own the copyright, please see below: As you know, we encourage users to take full advantage of hertaste to post and share information freely. However, users should not post copyrighted material in their profiles or communities. We will remove such material if we receive a formal copyright complaint following the process described below. Before filing such a complaint, however, we suggest you attempt to contact the individual who posted the copyrighted information on hertaste to request that he or she remove it. If this individual doesn't comply with your request, you can file an official copyright complaint by filing a formal DMCA complaint. To submit an official copyright complaint, you must own the copyright to the material in question or be authorized by the copyright holder to act on their behalf. You must clearly identify the material in question and provide us with the URL of the hertaste page on which it appears. 2. Infringement Notification for hertaste. To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers): a. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the image the http://www.hertaste.com (or .org)/XXXX/XXXX/XXXX) or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “Touch Not This Cat” by Dudley Smith, published by Smith Publishing, ISBN #0123456789"). b. YOU MUST IDENTIFY (a) the URL of the image, the URL of the post in the community topic, OR the URL of the profile that is infringing, and (b) the SPECIFIC content of the profile or community that is the allegedly infringing material. Please indicate whether the allegedly infringing material is an image (i.e. photo URL) or content (i.e. exact text in detail). c. Provide information reasonably sufficient to permit Hertaste to contact you (email address is preferred). d. Provide information, if possible, sufficient to permit Hertaste to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). e. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." f. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." g. Sign the paper. h. Send the written communication to the following address: Hertaste, Inc. Attn: Hertaste Legal Support, Hertaste DMCA Complaints 8 Museum Way, Suite 507 Cambridge, MA OR fax to: (617) 785 7387, Attn: Hertaste Legal Support, DMCA Complaints Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. 3. Counter Notification The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers): a. Identify the specific URLs or other unique identifying information of material that Hertaste has removed or to which Hertaste has disabled access. b. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is, and that you will accept service of process from the person who provided notification under applicable subsection or an agent of such person. c. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown." d. Sign the paper. e. Send the written communication to the following address: Hertaste, Inc. Attn: Hertaste Legal Support, Hertaste DMCA Complaints 8 Museum Way, Suite 507 Cambridge, MA OR fax to: (617) 945 7387, Attn: Hertaste Legal Support, DMCA Complaints |
