Intellectual Property Rights Policy
ImageChef permits users to host and make available content over the Internet. Although ImageChef does not affirmatively screen subscriber content, we contractually prohibit our users from using the website in a manner that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity, etc.). ImageChef does not tolerate infringing material on its websites, and may remove content that appears to infringe any copyright or other intellectual property right.
We encourage intellectual property rights owners to contact us if they believe that a user of our service has infringed their rights. If you let us know that your rights are being infringed by one of our users we will (in our discretion) require that the user's content is removed from our websites and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our websites and services.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT
1. Pursuant to 17 U.S.C. 512(c)(2), all notifications of claimed copyright infringement on ImageChef's systems or website should be sent to our Designated Agent. We have provided the following information for the exclusive purpose of notifying the service provider listed below that you allege an infringement of your copyright and/or other intellectual property rights. Do not send other inquiries to this contact, as you will not receive a response to inquiries that are not related to copyright and intellectual property infringement.
2. Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys' fees. Such attorneys' fees include those incurred by parties who are injured as a result of Company's relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner's licensee, or (c) us.
3. You must submit notice, in writing, to the following Designated Agent:
3.1. Abuse Agent, ImageChef Inc., 3255-1 Scott Blvd. Ste. 101, Santa Clara, CA 95054, U.S.A., voice: 408-217-1850 fax: 408-675-0973, E-Mail: support @ imagechef.com
4.Pursuant to 17 U.S.C. 512(c)(3)(A), your Notification of Claimed Infringement must include the following:
4.1. The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
4.2.Identification of the copyrighted work (or works) that you claim has been infringed;
4.3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
4.4. A clear description of where the infringing material is located on our web site, including its URL, so that Company can locate the material;
4.5. Your address, telephone number, and e-mail address;
4.6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
4.7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.