growstuff/app/views/pages/copyright.html.haml

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%h1#title Copyright Infringement Policy
%p
  We hate legalese, so we've tried to make this policy readable. If you've got any questions, feel free to
  <a href="mailto:support@growstuff.org">ask us</a>, and we'll do our best to answer.
%p
  This Copyright Infringement Policy covers all websites (such as <a href="http://www.growstuff.org">growstuff.org</a>)
  owned and operated by the Growstuff maintainers ("Growstuff", "we", "us", "our") and all associated services,
  collectively referred to as "the Service". It describes how you may report a violation of copyright on the Service.
%p
  Growstuff respects the intellectual property of others, and we ask our users to do the same. Growstuff members are
  required by the <a href="http://www.growstuff.org/policy/tos">Terms of Service</a> to ensure that they have the legal
  right to post content to the Service.
%p
  Growstuff is based in Melbourne, Australia and is not subject to the provisions of the United States Digital
  Millennium Copyright Act (DMCA). However, we have established policy and procedures which are similar to those
  required by the DMCA, as we believe they constitute best practice for web services operating in Australia.
%h2 1. Notifying us of an infringement
%p
  If you believe that a Growstuff member has infringed your intellectual property rights by posting Content to the
  service, you may follow these steps to notify us and ask for the removal of the Content.
%p Notifications may be submitted by email to <a href="mailto:support@growstuff.org">support@growstuff.org</a>
%p We prefer to receive notifications by email.
%p Copyright infringement notifications sent through any other mechanism or forum will not be acted upon.
%p You must provide the following information:
%ul
  %li
    Sufficient information to identify the copyrighted work being infringed. For instance, if the work is a published
    book, provide the title, author, and ISBN; if the work is a magazine article, provide the title, author, magazine
    name, and magazine issue; if the work is available on the Internet, provide the URL of the work.
  %li
    The URL of the specific page on Growstuff where your work was reproduced without permission. General descriptions or
    non-specific links (such as to Growstuff's homepage) cannot be acted upon.
  %li Your postal address, telephone number, and email address.
  %li
    A statement by you that the above information is accurate and that you are the copyright or intellectual property
    owner or authorized to act on the copyright or intellectual property owner's behalf.
  %li
    A physical signature or digital signature in a recognized industry-standard format such as PGP, of the copyright or
    intellectual property owner or the person authorized to act on their behalf. Unsigned notifications will not be
    processed.
%h2 2. Responding to notifications
%p We will respond to copyright infringement notifications within two business days.
%p
  If we are not provided with enough information to act on the notification, including all the items listed in the
  section above, we will reject the notification and notify the submitter that it cannot be acted upon.
%p
  If the Content is not hosted on our servers (for instance, if the notification concerns an image hosted on another
  site which is merely displayed on or linked from our site) we will respond, notifying the submitter that the Content
  is not hosted by us and referring them to the hosting site.
%p
  Provided we are able to act upon the notification, we will contact the member who posted the Content and inform them
  of the notification and claim of intellectual property rights.
%p The member will have two business days to respond. They may respond as follows:
%ul
  %li
    Admit that they have posted something to which they do not hold intellectual property rights. In this case, the
    member may delete the Content from the Service, or we may render it inaccessible.
  %li
    Submit a counter-notification, stating that they have the right to post the Content, and that they are prepared to
    uphold this claim in court. The process for this is outlined below.
  %li
    Respond saying that they do not believe they have infringed any intellectual property rights, but that they do not
    wish to formally submit a counter-notification. In this case, the member may delete the Content from the Service, or
    we may render the Content inaccessible.
  %li If the member fails to respond, we will render the Content inaccessible.
%p
  When Content is deleted or rendered inaccessible, we will take reasonable efforts to ensure it cannot be accessed via
  the Service. However, caching or external references may mean that Content remains accessible for some time, including
  on third-party sites or applications. Third-party sites and applications are not under Growstuff's control. If
  infringing Content has been removed or rendered inaccessible via the Service but is still available via third-party
  sites and applications, the copyright or intellectual property holder may contact the operators of those
  sites/applications to notify them of the infringement.
%h2 3. Counter-notification and restoration process
%p
  A counter-notification is a statement that you do not believe your content infringes on another person's rights, or
  that your use of another person's copyrighted material falls into a protected category under law.
%p
  By filing a counter-notification, you are indicating that you are willing to defend your use of the material in court,
  if the copyright owner chooses to bring a lawsuit against you for your use of the material. This may involve civil
  and/or criminal penalties. We strongly suggest you contact an intellectual property lawyer licensed to practice law in
  your jurisdiction before you do this, so that you are aware of your rights and obligations under the law.
%p A counter-notification must contain the following items:
%ul
  %li
    Your signature. Signatures may be a physical signature or a digital signature in a recognized industry-standard
    format such as PGP.
  %li
    The URL of the Content that has been called into question (this will have been provided in the original
    notification).
  %li
    A statement that you have a good faith belief that the copyright infringement notification was sent as a result of
    a mistake or misidentification of the material. This should include any reasons why you believe your use of the
    material is not infringing.
  %li Your name, address, and telephone number.
%p
  We will forward your counter-notification, in full, to the submitter of the original notification. They will then have
  14 days to initiate legal action and notify us that they have done so.
%p In the meantime, we will render the Content inaccessible.
%p If, after 14 days, we have not been informed that legal proceedings have been initiated, we will restore the Content.
%p
  If you have filed a counter-notification, you may not re-post the allegedly infringing material until we notify you
  that the waiting period has expired.
%h2 4. Repeat offenses
%p Members who receive three or more valid copyright infringement notices will have their accounts terminated.
%p
  If a counter-notification is filed, or if the member has stated that they do not accept the allegation of copyright
  infringement but do not wish to formally file a counter-notification, the notification will not be counted toward
  termination.
%p
  We also reserve the right to terminate the accounts of those who, in our opinion, misuse or abuse the copyright
  infringement notification process against other members.
%h2 5. Changes
%p
  We may change our Copyright Infringement Policy from time to time. A history of changes to this Policy is available
  via our public source code repository at
  <a href="https://github.com/Growstuff/policy">https://github.com/Growstuff/policy</a>. We will take reasonable steps
  to notify you of any substantial changes to this Policy; however, it is your responsibility to check this Policy
  periodically for changes. Your continued use of this site after any change in this Policy will constitute your
  acceptance of such change.
%h2 6. Creative Commons license
%p
  This Copyright Infringement Policy is based on one developed by Dreamwidth
  (<a href="http://www.dreamwidth.org/legal/dmca">http://www.dreamwidth.org/legal/dmca</a>) and is licensed under a
  <a href="http://creativecommons.org/licenses/by-sa/2.5/">Creative Commons Attribution-ShareAlike 2.5 License</a>.