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DMCA Policy

HEAL2HEART APP DMCA POLICY

Effective Date: Jan 2021

 

This Digital Millennium Copyright Act Policy ("Policy") applies to the Heal2Heart Mobile Application (the “Heal2Heart App") and the content submitted by its users. This Policy outlines how Heal2Heart Sarl-s ("Heal2Heart", "we", "us" or "our") addresses copyright infringement notifications and how you ("you" or "your") may submit a copyright infringement complaint.

 

The protection of intellectual property is of utmost importance to us, and we ask our users to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement in accordance with the United States Digital Millennium Copyright Act ("DMCA") of 1998, the text of which can be found at the U.S. Copyright Office website.

 

Therefore, if any material or content on the Heal2Heart App infringes on your intellectual property rights or if you wish to counter an alleged infringement, you may send us a notification (“Notification”) or counter-notification (“Counter-Notice”) in accordance with the procedures laid down below:

 

  1. WHAT TO CONSIDER BEFORE SUBMITTING A COPYRIGHT COMPLAINT

Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching and research, without the need for permission from or payment to the copyright holder. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with them.

 

Please note that you may be liable for any damages, including costs and attorneys’ fees incurred by our users or us if you knowingly misrepresent that the material or content is infringing. 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.

 

We may, at our discretion or as required by law, share a copy of your Notification or Counter-Notice with third parties. This may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to use an agent to report infringing material for you.

 

  1. NOTIFICATION OF INFRINGEMENT

If you are a copyright owner or a designated agent of the copyright owner, and you believe that any content or material available on the Heal2Heart App infringes your copyrights, then you may submit a written Notification by using our Contact Us form pursuant to the DMCA by providing us with the following information:

 

  • Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, the part of the Heal2Heart App where the allegedly infringing material may be found.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, the copyright owner's agent, or the law.
  • A statement that the information in the Notification is accurate, and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorised to act on their behalf.

 

All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistakes and ensure compliance of your Notification.

 

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, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts. We may also require a court order from a court of competent jurisdiction, as determined by us in our sole discretion before we take any action.

 

If we remove or restrict access to materials or terminate any account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone and email address).

 

 

Notwithstanding anything to the contrary contained in any portion of this Policy, Heal2Heart reserves the right to take no action upon receipt of a DMCA copyright infringement Notification if it fails to comply with all the requirements of the DMCA for such notifications.

 

The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

 

  1. COUNTER-NOTICE

If you are a user of the Heal2Heart App and you believe your content is removed by mistake or misidentification subject to a Notification by another individual, you (or any agent acting on your behalf) may send a Counter-Notice and have the content restored. To send a Counter-Notice, provide Heal2Heart with the following information:

  • Your contact information, such as your name, address, phone number and email address.
  • The description of the content or material that was removed and its prior location on the Heal2Heart App.
  • A statement under penalty of perjury that you have a good faith belief that the content or material was removed as a result of a mistake or misidentification.
  • A statement that you agree to the jurisdiction of the Federal Court for the judicial district in which you are located, or if you are located outside the United States, any jurisdiction in which you may be properly served, and that you will accept any service process from the person who filled the Notification.
  • Your signature.

 

  1. CHANGES AND AMENDMENTS

We reserve the right to modify this Policy or its terms relating to the Heal2Heart App at any time, effective upon posting of an updated version of this Policy on the Heal2Heart App. When we do, we will revise the updated date at the top of this page.

 

  1. REPORTING COPYRIGHT INFRINGEMENT

If you would like to notify us of the infringing material or content, you may do so via our Contact Us form.