Welcome to Annoto™, an online service (the “Service”) that allows users to post and read comments (“Comments”) to digital media content on the web (the “Content”).
We, at Annoto Ltd. ("we", "us" and "our"), respect the intellectual property and privacy rights of others and request our users to do the same.
Given that the Service does not store, maintain or provide access to the Content to which the Comments refer to, this Takedown Policy only applies to Comments, not to Content.
Alleged infringement notice
If you believe that certain content, which appears on or through the Service, infringes upon rights that you own or represent, such as copyrights, privacy rights or publicity rights, you may send our designated agent ("Agent") a written notification, stating the location of the content claimed to be infringing. Upon your notification and subject to copyright, privacy, publicity and other pertinent laws, we may remove or disable access to any such content.
To be effective, your notification of claimed infringement must be a written communication provided to our Agent that includes substantially the following:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of
the right that is allegedly infringed;
(2) Identification of the content and the pertinent exclusive legal right claimed to be infringed, or
if multiple materials or legal rights are covered by a single notification, a representative list of such elements;
(3) Identification of the material that is claimed to infringe or to be the subject of infringing
activity and the access to which is to be disabled, and information reasonably sufficient to
permit us to locate the material, including the exact App page in which you discovered the
content claimed to be infringing;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone
number, and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good faith belief that the use of the material, in the manner
complained of, is not authorized by the owner of the pertinent legal right (such as copyright,
publicity rights or privacy rights), its agent, or the law;
(6) A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of the pertinent exclusive legal right
(such as copyright, publicity rights or privacy rights) that is allegedly infringed.
After receiving your communication, we may ask you to provide further or supplemental information, prior to removing any content which was displayed through the Service, as we deem necessary to comply with the law. We may also provide the user who uploaded the allegedly infringing content, with your contact details, in order for that person to be able to contact you and challenge your claim.
If we’ve remove material that you had uploaded to or posted on the Service, pursuant to a notification of claimed infringement that we received, then you have an opportunity to respond to the notice and takedown by submitting a counter-notification to our Agent. To be effective, your counter notification must be a written communication provided to our Agent that includes substantially the following:
(1) Your physical or electronic signature;
(2) Identification of the material to which access has been disabled and the location at which the
material appeared before access to it was disabled;
(3) A statement, under penalty of perjury, that you have a good faith belief that the material was
disabled as a result of mistake or misidentification of the material to be disabled;
(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction
of the competent courts in any judicial district in which your address is located or in which you may
be found, and that you will accept service of process from the person who provided notification or
an agent of such person.
After receipt of a counter notification, we will promptly provide the person who submitted the claimed infringement notification, with a copy of the counter notification, and we will inform that person that we may replace the removed material, or cease disabling access to that material within 10 business days.
We may then replace the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Service.
We may deny or cancel any instance of your use of the Service, or terminate your user account altogether, if we determine, at our sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once or a user whose uploaded material was removed from the Service more than once.
We may decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases we may terminate your account immediately.
Any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorney's fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.
Last updated: August 25, 2016.