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What Types of Copyright Complaints Does tbtb Respond To?
tbtb responds to copyright notifications submitted under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.
tbtb will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our media hosting services, or posts containing links to allegedly infringing materials. Note that not all unauthorized uses of copyrighted materials are infringements (see our Fair Use page for more information).
Am I a Copyright Holder? How Do I Know?
If you are unsure whether you hold rights to a particular work, please consult an attorney or another adviser as tbtb cannot provide legal advice. There are plenty of resources to learn more about copyright law including http://copyright.gov, https://lumendatabase.org/, and http://www.eff.org/issues/bloggers/legal/liability/IP, to name a few.
Tip: In general, the photographer and NOT the subject of a photograph is the actual rights holder of the resulting photograph.
What Information Do You Need To Process a Copyright Complaint?
To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf; Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon); Identification of the infringing material and information reasonably sufficient to permit tbtb to locate the material on our website or services; Your contact information, including your address, telephone number, and an email address; A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and 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 copyright owner. Tip: If you are reporting the content of a post, please give us the name of the profile and date of the post.
How Do I File a Copyright Complaint?
You can report alleged copyright infringement by emailing firstname.lastname@example.org.
Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, we will take action on your request - which includes forwarding a full copy of your notice (including your name, address, phone and email address) to the user(s) who posted the allegedly infringing material in question.
If you are concerned about your contact information being fowarded, you may wish to use an agent to report for you.
Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing, as was the case in Lenz v. Universal and OPG v. Diebold. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
How Are Claims Processed?
We process reports in the order in which they are received. Once you've submitted your ticket, we will email you a ticket confirmation. Please note, submitting duplicate copyright notices may result in a delay in processing.
If we decide to remove or disable access to the material, we will notify the affected user(s) after removing or disabling access to the material, provide them with a full copy of the reporter’s complaint (including the provided contact information) along with instructions on how to file a counter-notice, and forward a redacted copy of the complaint to Lumen.
What Happens Next?
tbtb’s response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material. If we remove or restrict access to user content in response to a notice of alleged infringement, tbtb will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, including a full copy of the takedown notice, along with instructions for filing a counter-notification.
Tip: If you’ve not yet received a copy of the copyright notification regarding the content removed from your account, please respond to the support ticket we sent you.
Under appropriate circumstances, tbtb may suspend and warn repeat violators, and in more serious cases, permanently terminate user accounts.
What Happens If I Receive a Copyright Notification?
If you receive a copyright notification, it means that the content described in the notification has been removed from tbtb or access to the content on tbtb has been restricted. Please take the time to read through our notice to you, which includes information on the notification we received as well as instructions on how to file a counter-notice.
When Should I File a Counter-notice?
If you believe that the material reported in the copyright notification you received was misidentified or removed in error, you should file a counter-notice as per the instructions below.
Tip: Re-posting material removed in response to a copyright notification may result in permanent account suspension. If you believe the content was removed in error, please file a counter-notification rather than simply re-posting the material.
What Information Do You Need to Process a Counter-notice?
To submit a counter-notice, you will need to provide us with the following information:
A physical or electronic signature (typing your full name will suffice); Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice); A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which tbtb may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. To submit a counter-notice, please respond to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons.
What Happens After I Submit a Counter-notice?
Upon receipt of a valid counter-notice, we will promptly forward a copy to the person who filed the original notice. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.
Tip: We cannot offer any legal advice. Should you have questions, please consult an attorney.
Filing a Copyright Notice or Counter-notice is Serious Business!
Please think twice before submitting a claim or counter-notice, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.
Our Services instantly connect people everywhere.
What you post on tbtb may be viewed all around the world instantly.
When this policy mentions “we” or “us,” it refers to the controller of your information under this policy. Your information is controlled by TbTb LLC, 10158 Pennyroyal St., Las Vegas, NV 89183. Despite this, you alone control and are responsible for your posts and other content you submit through the Services, as provided in the Terms of Service.
Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live.
Information Collection and Use
We collect and use your information below to provide, understand, and improve our Services.
Basic Account Information: If you choose to create a tbtb account, you must provide us with some personal information, such as your name, username, password, email address, or phone number. On tbtb, your name and username are listed publicly, including on your profile page and in search results, and you can use either your real name or a pseudonym. You can create and manage multiple tbtb accounts. Some of our product features, such as searching and viewing public tbtb user profiles, do not require you to create an account.
Contact Information: You may use your contact information, such as your email address or phone number, to customize your account or enable certain account features, for example, for login verification. If you provide us with your phone number, you agree to receive text messages to that number from us. We may use your contact information to send you information about our Services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your account, including through third-party services and client applications. You may use your settings for email and mobile notifications to control notifications you receive from tbtb. You may also unsubscribe from a notification by following the instructions contained within the notification or the instructions on our website. Your Discoverability privacy settings control whether others can find you on tbtb by your email address or phone number.
Additional Information: You may choose to provide us with additional information to help improve and personalize your experience across our Services. If you email us, we may keep your message, email address and contact information to respond to your request. If you connect your account on our Services to your account on another service in order to cross-post between our Services and that service, the other service may send us your registration or profile information on that service and other information that you authorize. This information enables cross-posting, helps us improve the Services, and is deleted from our Services within a few weeks of your disconnecting from our Services your account on the other service.
Posts, Following, Lists, Profile, and other Public Information: tbtb is primarily designed to help you share endorsements with the world. Most of the information you provide us through tbtb is information you are asking us to make public. You may provide us with profile information to make public on tbtb, such as a short biography, your location, your website, date of birth, or a picture. Additionally, your public information includes the messages you post; the metadata provided with posts, such as when you posted and the client application you used to post; information about your account, such as creation time, language, country, and time zone; and the lists you create, people you follow, and posts you endorse. tbtb broadly and instantly disseminates your public information to a wide range of users, customers, and services, including search engines, developers, and publishers that integrate tbtb content into their services, and organizations such as universities, public health agencies, and market research firms that analyze the information for trends and insights. When you share information or content like photos, videos, and links via the Services, you should think carefully about what you are making public. We may use this information to make inferences, like what topics you may be interested in. Our default is almost always to make the information you provide through the Services public for as long as you do not delete it, but we generally give you settings or features, like protected posts, to make the information more private if you want. For certain profile information fields we provide you with visibility settings to select who can see this information in your profile. If you provide us with profile information and you don’t see a visibility setting, that information is public.
Location Information: We may receive information about your location. For example, you may choose to publish your location in your posts and in your tbtb profile. You may also tell us your location when you set your trend location on tbtb.com. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Services, such as posting with your location, and to improve and customize the Services, for example, with more relevant content like local trends, stories, ads, and suggestions for people to follow. Learn more about our use of location here, and how to set your location preferences here.
Links: We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Third-Parties and Affiliates: We may receive information about you from third parties, such as other tbtb users, partners, or our corporate affiliates. For example, other users may share or disclose information about you, such as when they mention you, share a photo of you, or tag you in a photo. Your privacy settings control who can tag you in a photo. Our affiliates may share information with us such as a browser cookie ID, mobile device ID, or cryptographic hash of a common account identifier (such as an email address), as well as demographic or interest data and content viewed or actions taken on a website or app.
Information Sharing and Disclosure We do not disclose your private personal information except in the limited circumstances described here.
User Consent or Direction: We may share or disclose your information at your direction, such as when you authorize a third-party web client or application to access your account or when you direct us to share your feedback with a business. When you use Digits by tbtb to sign up for or log in to a third-party application, you are directing us to share your contact information, such as your phone number, with that application. If you’ve shared information, like Direct Messages or protected posts, with another user who accesses tbtb through a third-party service, keep in mind that the information may be shared with the third-party service.
Public or Non-Personal Information: We may share or disclose your public, aggregated or otherwise non-personal information, such as your public user profile information, public posts, the people you follow or that follow you, the number of times people engaged with a post (for example, the number of users who clicked on a particular link or voted on a poll in a post, even if only one did), or reports to advertisers about unique users who saw or clicked on their ads after we have removed any private personal information (such as your name or contact information). Remember: your privacy and visibility settings control whether your posts and certain profile information are made public. Other information, like your name and username, is always public on tbtb, unless you delete your account, as described below.
Accessing and Modifying Your Personal Information If you are a registered user of our Services, we provide you with tools and account settings to access, correct, delete, or modify the personal information you provided to us and associated with your account. You can download certain account information, including your posts, by following the instructions here and request access to additional information here.
You can also permanently delete your tbtb account by emailing email@example.com whereupon your account will be deactivated and then deleted. When deactivated, your account, including your name, username, and public profile, is not viewable on tbtb.com. For up to 30 days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. Absent a separate arrangement between you and us to extend your deactivation period, after 30 days, we begin the process of deleting your account from our systems, which can take up to a week.
Keep in mind that search engines and other third parties may still retain copies of your public information, like your user profile information and public posts, even after you have deleted the information from the tbtb Services or deactivated your account. Learn more here.
Changes to this Policy
Effective: April 5, 2017
For accounts based in the United States:
tbtb Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our services, including our website any other services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
1. Who May Use the Services
3. Content on the Services
4. Using the Services
5. Disclaimers and Limitations of Liability
1. Who May Use the Services You may use the Services only if you agree to form a binding contract with tbtb and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
3. Content on the Services You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
tbtb respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as described in our Copyright policy (http://www.tbtb.com). If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by emailing us at firstname.lastname@example.org or contacting our designated copyright agent at:
TbTb LLC Attn: Copyright Agent 744 Nectarine Ct. Henderson, NV 89014 email:email@example.com
Your Rights You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for tbtb to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by tbtb, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
tbtb has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
4. Using the Services Please review the tbtb Rules, which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
Your Account You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Your License to Use the Services tbtb gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by tbtb, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the tbtb name or any of the tbtb trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of tbtb and its licensors. Any feedback, comments, or suggestions you may provide regarding tbtb, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These Terms You may end your legal agreement with tbtb at any time by deactivating your accounts by emailing firstname.lastname@example.org and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the tbtb Rules, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI.
5. Disclaimers and Limitations of Liability The Services are Available “AS-IS” Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “tbtb Entities” refers to tbtb, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE tbtb ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The tbtb Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the tbtb Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE tbtb ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE tbtb ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID tbtb, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE tbtb ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. General We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at tbtb.com, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and tbtb. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. tbtb’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and TbTb LLC, 744 Nectarine Ct., Henderson, NV 89014 U.S.A. If you have any questions about these Terms, please contact us at email@example.com.
Effective: April 5, 2017