Copyright and Trademark Policy
At Pictalk we respect the intellectual property rights of others and we expect the same from all users of our Platform. Where any user has violated the intellectual property rights of a third party, we may take any action we deem necessary once we have received notice of the complaint. Furthermore, we may terminate or suspend any user's account that has infringed on any other party's intellectual property.
The policies below explain how to submit a Copyright or Trademark complaint. You may only submit a complaint if you are the owner of the intellectual property or if you have been authorized by the owner to act on their behalf. In your complaint, please be detailed in describing any content that requires removal.
Once we have received your complaint we will take any action that we deem necessary and we may send copies of the complaint to the alleged offending party or any other third parties, as required.
1. Copyrights
If you believe that any content owned by you has been infringed upon please send us a message which contains:
Your name.
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our Platform of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Pictalk, copyright@pictalk.com)
or
Send your completed DMCA notice to:
Pictalk Copyright Agent
PO Box 28667
Scottsdale, AZ 85255
Counter Notice
In the event that you receive a notification from Pictalk stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Your name, address, email and physical or electronic signature.
The notification reference number (if applicable).
Identification of the material and its location before it was removed.
A statement under penalty of perjury that the material was removed by mistake or misidentification.
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where you are located (if you are not in the US).
Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
2. Trademark Infringement
We respect the rights of trademark owners and if you believe that your trademark or trade name is being infringed by a user of our Platform, please send us an email with your contact information, the location of the infringing content, and the names of the users infringing on your marks. Please be sure to provide accurate and detailed information. All trademark complaints should be sent to trademark@pictalk.com.