Houfy respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our Terms of Service requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Houfy provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures are described and/or referenced in the sections that follow.
Please note that whether or not we disable access to or remove content, Houfy may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that Houfy has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
01. What is copyright?
Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, and under what conditions, this original work may be used by others.
02. What’s a trademark?
A trademark can be lots of things, but usually it’s a word, phrase or design (like a company name, a product name, a slogan or a logo). It shows you that this good or service comes from one company as opposed to some other company.
03. The Difference Between Copyright and Trademark
While both offer intellectual property protection, they protect different types of assets. Copyright is geared toward literary and artistic works, such as books and videos. A trademark protects items that help define a company brand, such as its logo.
Houfy respects intellectual property rights and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Houfy responds expeditiously to claims of copyright or trademark infringement committed using the Services. In accordance with the DMCA and other applicable law, HOUFY will, under appropriate circumstances, terminate the accounts of repeat copyright and trademark infringers. We also reserve the right, in our sole discretion, to terminate any account for actual or apparent copyright/trademark infringement. Note that any capitalized terms not defined in this Copyright & Trademark Policy have the meanings set forth in our Terms of Service.
04. Submitting A Notice Of Infringement
Please submit your notice to Houfy Corporation’s Copyright Agent as follows:
To submit a notice of claimed copyright or trademark infringement, you will need to provide us with the following information:
- Identification of the copyrighted or trademarked work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
- Identification of the infringing material and information reasonably sufficient to permit Houfy to locate the material on the Services;
- Your contact information, including name, address, telephone number and email address;
- The following statements:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted or trademarked material is not authorized by the copyright/trademark owner, its agent, or the law.”
- “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright/trademark or of an exclusive right under the copyright/trademark that is allegedly infringed.”; and
- A physical or electronic signature (typing your full name will suffice) of the copyright/trademark owner or a person authorized to act on their behalf.
Deliver this notice, with all items completed, to Houfy’s Designated Copyright & Trademark Agent:
Attention: Copyright & Trademark Agent
Breckenridge, CO 80424, USA
Houfy’s response to notices of alleged copyright & trademark infringement may include the removal or restriction of access to allegedly infringing material. Please note that information provided in a notice of copyright or trademark infringement may be forwarded to the user who posted the allegedly infringing content.
05. Bad Faith Notices
Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including without limitation costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you’re unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
06. Submitting A DMCA Counter-Notification
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. To submit a counter-notice, please respond to our original email notification of removal with the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Summit County, Colorado if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
- A physical or electronic signature (typing your full name will suffice).
Upon receipt of a valid counter-notification, Houfy will forward it to the notifying party who submitted the original DMCA notification. The notifying party will then have ten (10) days to notify us that they have filed legal action relating to the allegedly infringing material. If we don’t receive any such notification within ten (10) days, we may restore the material to the Services.
If you have questions or comments, let us know.
Last updated August 10th 2020