Procedure for Making Claims of Copyright Infringement
If you want unauthorized content removed from WallpaperFX, please read the instructions below:
It is WallpaperFX’s policy to work with copyright owners to protect their intellectual property and to insure that unauthorized content is not distributed via the WallpaperFX network.
If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to WallpaperFX requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (Simply typing your name at the end of an email or electronically transmitted letter will suffice as an "electronic signature.")
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (You can give us a list of the copyrighted works you own and a brief description of the works, attach a copy of the works or send us the URL for a website that displays the works you own.)
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit WallpaperFX to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that you "have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law." (You can simply copy this statement and put it in your letter, as long as the statement is true.)
- A statement that "the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." (You can simply copy this statement and put it in your letter, as long as the statement is true.)
Without such information WallpaperFX cannot reasonably comply with its obligations to intellectual property owners and to the members of the WallpaperFX community.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Be assured that WallpaperFX is designed to fully respect intellectual property rights. WallpaperFX has proprietary software that allows it to block infringing material once taken down from being "re-posted" by anyone. WallpaperFX enforces and will continue to enforce its Terms of Service which strictly prohibit the public posting of copyrighted material to which the poster does not have rights and together with the aforementioned activities WallpaperFX brings further protection to content owners seeking to prohibit the distribution of their copyrighted works, while offering a user the best collaborative mobile platform.
Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
Please note that WallpaperFX operates globally and had adopted this policy to meet the many legal requirements it must comply with.
For more information about the WallpaperFX Terms of Service, please see http://wallpaperfx.com/terms
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send WallpaperFX a counter-notice. All notices with respect to WallpaperFX should be sent to the WallpaperFX. WallpaperFX suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that WallpaperFX shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.