COPYRIGHTS POLICY
Smart Gallery : Photo Gallery
[Last Update: December 13, 2023]
We at Smart Gallery : Photo Gallery, (“we” or “us”) values the intellectual property rights of others and expects Users of our App to do the same. This copyrights policy (“Copyrights Policy”) outlines the copyright protection and enforcement procedures for posting, sharing, or sending any User Content through the App, all as required under applicable law, and specifically the Digital Millennium Copyright Act of 1998 (“DMCA”).
We respect the rights of copyright owners and are committed to promptly addressing copyright infringement claims. By using the App, you agree to abide by this Copyrights Policy. Any capitalized terms not defined herein shall have the meaning ascribed to them in the EULA.
1. User Content
Subject to the terms herein, we allow users to create, share, and upload their own User Content through the App. You acknowledge that we do not review, approve, monitor, endorse, warrant, or make any representations with respect to any User Content. You hereby warrant that you will upload User Content through the App in full compliance with all applicable laws, rules, regulations and policies we make available to you, and you will be liable to us and indemnify us for any breach of that warranty, including any loss or damage we suffer as a result of your breach of warranty.
2. Copyright Infringement
We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of this Copyright Policy. However, not all unauthorized uses of copyrighted content constitute a copyright infringement.
If you believe that any of the User Content available in the App infringes your intellectual property rights in a manner that constitutes a copyright infringement, or of any third party in which you are authorized to act on its behalf, you may submit a DMCA copyright infringement notice to our authorized Agent (“DMCA Notice”). We will respond to your DMCA Notice within a reasonable amount of time.
3. Authorized Agent Information:
You may file your DMCA Notice to our Agent as follows:
By Email: support.photogallery@cardsapp.com
By Mail: 1 Atirei Yeda, Kfar Saba, IL
4. DMCA Notice
To file a DMCA Notice, you must provide a written communication to our designated Agent with the following information:
- Which copyrighted work or material that you claim has been infringed, sufficient information to enable us to locate the material, including at a minimum, the location within the App where such material may be found and screenshots of such material. If multiple copyrighted works are covered by this DMCA Notice - please provide a representative list of the applicable copyrighted works.
- Your contact information - name, mailing address, phone number, and email address.
- A statement that you have a good-faith belief that the use of the copyrighted material is not authorized, in the following wording: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- A statement, that the information provided is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf, in the following wording: “I hereby state that the information in this DMCA 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 or of an exclusive right under the copyright that is allegedly infringed.”
- A physical or electronic signature of a person authorized to act on behalf of the owner of the applicable copyright that has been allegedly infringed.
5. Our Response to DMCA Complaint Notices
Upon receipt of a valid DMCA Notice (with all the information requested and detailed above), we may:
- Remove or disable access to the allegedly infringing content, or take other necessary actions, within a reasonable time;
- Notify the alleged infringer of the complaint, including the nature of the alleged infringement and the complainant’s contact information; and
- Provide the alleged infringer with an opportunity to file a counter-notification. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from its owner, to post and use the material in your Account, you may send a counter-notification containing the same information as specify under section 4 above.
6. Repeat Infringers
In accordance with the DMCA and other applicable laws, and as further set forth in the EULA, we may in appropriate circumstances and at our sole discretion, suspend users from our App if we have a reason to believe they are repeat infringers.
Please note that, the submission of a DMCA Notice will trigger a legal process, and therefore, it is important not to make any false claims. In addition, it is important that you keep in mind that when you submit a DMCA Notice, we are relying on the information provided by you. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright laws applies before you submit the DMCA Notice. Any person who knowingly misrepresents that certain material, content or an activity is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, any copyright owner, copyright owner’s authorized licensee or us, who was damaged by such misrepresentation. Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Therefore, before you submit a DMCA Notice, be sure that you are the actual rights’ holder of the content or that you are legally able to represent such rights’ holder and understand the repercussions of submitting a false claim.