OurFotos.us (“OurFotos,” “Company,” “we,” “us,” or “our”) respects the intellectual property rights of others and expects Customers and Guests using the OurFotos service to do the same.
OurFotos provides private, access-controlled Galleries that allow Customers and their authorized Guests to upload, store, view, and download photographs, videos, audio recordings, and other content (“Content”). Although Galleries are not generally available to the public, Content uploaded to a Gallery must not infringe the copyrights or other intellectual property rights of others.
This policy describes how OurFotos responds to copyright infringement notices under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512.
1. Designated DMCA Agent
Notices of claimed copyright infringement should be sent to OurFotos’ designated DMCA Agent:
DMCA Agent
OurFotos.us
P.O. Box 352
Bullard, TX 75757
Telephone: 903-481-9260
Email: dmca@ourfotos.us
Email is the preferred method for submitting a DMCA notice.
2. DMCA Notice of Claimed Copyright Infringement
If you believe that copyrighted material is being used through the OurFotos service without authorization, you may submit a written notification to our DMCA Agent.
To be effective under the DMCA, your notice should include substantially the following information:
- A physical or electronic signature of the copyright owner or 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 the notice, a representative list of those works;
- Identification of the Content claimed to be infringing or the subject of infringing activity, together with information reasonably sufficient to allow OurFotos to locate the Content. Because OurFotos Galleries are access-controlled, please provide the Gallery information, file name, Gallery link, access information, or other identifying information reasonably available to you that will enable us to locate the Content;
- Information reasonably sufficient for us to contact you, such as your name, mailing address, telephone number, and email address;
- A statement that you have a good-faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please send the completed notice to our Designated DMCA Agent at the address or email listed above.
3. Our Response to a DMCA Notice
Upon receiving a notice that substantially complies with the DMCA, OurFotos may remove or disable access to the Content identified in the notice.
When required by the DMCA, we will take reasonable steps to promptly notify the Customer or user associated with the affected Content that the Content has been removed or access to it has been disabled.
If a notice does not contain all information required by the DMCA but provides sufficient information to identify the copyrighted work, locate the allegedly infringing Content, and contact the complaining party, we may contact the complaining party to request additional information.
OurFotos may preserve information relating to the Content and the associated Gallery as reasonably necessary to process the copyright claim, comply with legal obligations, enforce our Terms of Service, or respond to a counter-notification.
4. Counter-Notification
If Content you uploaded was removed or disabled because of a DMCA notice and you believe the removal or disabling resulted from a mistake or misidentification, you may submit a written counter-notification to our DMCA Agent.
To be effective under the DMCA, a counter-notification should include substantially the following:
- Your physical or electronic signature;
- Identification of the Content that was removed or to which access was disabled and the location at which the Content appeared before it was removed or disabled;
- A statement under penalty of perjury that you have a good-faith belief that the Content was removed or disabled as a result of mistake or misidentification;
- Your name, mailing address, and telephone number;
- A statement that you consent to the jurisdiction of the United States Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which OurFotos may be found; and
- A statement that you will accept service of process from the person who submitted the original DMCA notice or that person’s agent.
Counter-notifications should be sent to:
DMCA Agent
OurFotos.us
P.O. Box 352
Bullard, TX 75757
Telephone: 903-481-9260
Email: dmca@ourfotos.us
5. Restoration Following a Counter-Notification
After receiving a valid counter-notification, OurFotos will provide a copy of the counter-notification to the person who submitted the original DMCA notice and inform that person that the affected Content may be restored.
Unless our Designated DMCA Agent receives notice that the complaining party has filed a court action seeking to restrain the alleged infringement, OurFotos may restore the Content or restore access to it in accordance with the time periods prescribed by the DMCA, generally not less than ten (10) nor more than fourteen (14) business days after receipt of a valid counter-notification.
6. Repeat Infringers
OurFotos has adopted a policy providing for the termination, in appropriate circumstances, of Customers or users who are repeat copyright infringers.
OurFotos may consider valid DMCA notices, repeated instances of infringing Content, other reliable evidence of copyright infringement, and the surrounding circumstances when determining whether a Customer or user is a repeat infringer.
Depending on the circumstances, OurFotos may remove Content, restrict uploading, suspend a Gallery, terminate a Gallery, or take other appropriate action consistent with our Terms of Service and applicable law.
7. Misrepresentations
DMCA notices and counter-notifications are legal communications.
Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that Content or activity is infringing, or that Content was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees.
You should consider obtaining legal advice if you are uncertain whether Content infringes a copyright or whether the DMCA notice or counter-notification procedure is appropriate.
8. No General Monitoring Obligation
OurFotos does not undertake a general obligation to monitor private Galleries for copyright infringement.
However, OurFotos may remove or disable access to Content when we receive a valid DMCA notice, obtain actual knowledge of infringement, become aware of facts or circumstances indicating apparent infringement, or otherwise determine that action is appropriate under our Terms of Service or applicable law.
9. Other Intellectual Property Complaints
The DMCA notice-and-take-down procedure described in this policy applies specifically to copyright claims.
Claims involving trademarks, rights of publicity, privacy, unauthorized recordings, or other legal rights may be reported separately to:
OurFotos.us
Email: support@ourfotos.us
Legal notices may also be sent to:
OurFotos.us
P.O. Box 352
Bullard, TX 75757
Email: billing@ourfotos.us
10. Changes to This Policy
OurFotos may update this DMCA Copyright Policy from time to time to reflect changes in law, our procedures, or the Service. The current version will be posted on the OurFotos.us website.