Notice and takedown policy
Users of our sharing platform accessible through www.youmagine.com, services and applications ("Services") are responsible for making sure the material that has been used, copied, distributed or disclosed through our Services (“Contribution”), complies with our Terms of Service. In making the Contribution available online YouMagine acts in good faith.
However, despite all safeguards, we recognize that from time to time material published through our Services may be infringing intellectual property rights or include content that may be regarded as obscene or defamatory. To protect intellectual property and in order to cooperate with the intellectual property right owners, we implemented the following notice take down system.
Reporting infringement of your rights
If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through our Services in a way that constitutes an infringement of your rights, in particular copyright, trademark or other intellectual property rights or privacy rights or include content that may be regarded as obscene or defamatory, please provide us with an infringement notice (“Notice”).
If your Contribution or other material have been taken down or the access to the Contribution (temporarily) has been disabled or if we asked you to remove the Contribution because we received a Notice, you may provide us with an counter notification ("Counter-Notification") Before serving a Notice or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the applicable laws. Our notice and takedown procedure does not constitute legal advice.
In the Notice, please provide us with the following written information:
a. a statement that you have identified a Contribution or other material in the Services which infringes your copyright or other intellectual property rights or define the reason why you believe the material should be regarded as obscene or defamatory;
b. identification of the Contribution or other material that is claimed to be infringing or to be the subject of infringing activity or should be regarded as obscene or defamatory and that is to be removed or access to which is to be disabled;
c. your full name, email address, postal address and telephone number on which you can be contacted;
d. a statement by you that the information in the Notice is accurate that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
e. a statement by you that you have a good-faith belief that use of the Contributions or other material in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law;
f. physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
For notice of claims of infringement on or regarding the Services YouMagine can be reached by email via: email@example.com.
Investigation and removal
YouMagine shall investigate the Notice and decide whether, according to YouMagine, the claim is deemed to be valid and the Contribution or other material needs to be removed.
YouMagine may (temporarily) remove or disable access to the Contribution claimed to be infringing. YouMagine may also ask the user to remove the Contribution until the issue is resolved.
If we decide to (temporarily) remove a Contribution of one of our users, we will make reasonable attempts to inform the applicable user of the Notice, and we may provide the user with a copy of the Notice, including the notifying party’s contact information. For privacy reasons we will not provide the notifying party with contact information of our users without consent of the user, unless YouMagine is legally obliged to do so with a court order.
The respective user may send a Counter-Notification to YouMagine as further described.
If your Contribution is removed or the access to the Contribution (temporarily) has been disabled, please do not re-upload the Contribution yourself. Please be aware that in case the material concerned is infringing intellectual property rights, you may be liable for damages and costs including attorneys’ fees.
If you believe that your Contribution does not infringe any intellectual property rights or should not be regarded as obscene or defamatory, please provide us with a Counter-Notification
The Counter-Notification must contain the following details:
1. Identification of the Contribution or other material that (temporarily) has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
2. A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address, telephone number and e-mail address;
4. Your physical or electronic signature.
Then send this notice to: firstname.lastname@example.org
Resolving the issue
After YouMagine received the Counter-Notification, we may send a copy to the original complaining party who filed the Notice. If YouMagine, at its own discretion, decides that there is reason to believe that the alleged claim(s) is (are) true, we reserves the right to permanently take down (deletion) and/or permanently deny access to the Contribution or other material concerned.
In case YouMagine does not receive a Counter-Notification from you within 4 weeks after we sent you a copy of the Notice regarding the alleged infringement, YouMagine shall permanently take down (deletion) and/or permanently deny access to the Contribution or other material concerned.
After we received the Counter-Notification, the complainant and the user will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:
a) The Contribution is permanently removed.
b) The Contribution is replaced unchanged.
c) The Contribution is replaced with changes.
YouMagine reserves the right to keep the Contribution unavailable as long as the user and the complainant did not agree upon a solution.