Photobucket.com Copyright and IP Policy 

Last revised June 4, 2018

Reporting Claims of Copyright Infringement

Photobucket.com, Inc. takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from www.photobucket.com or www.tinypic.com (collectively, the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

 

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

Identification of the material or link you believe to be infringing in a sufficiently precise manner to allow us to locate that material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

 

 
 
 
 
   

DMCA AGENT

PHOTOBUCKET.COM, INC.
3000 LAWRENCE STREET, SUITE 211, DENVER, CO 80205
E-MAIL: ABUSE@PHOTOBUCKET.COM
PHONE: 303-226-6800
FAX: 303-395-1165

We may also be searched on the US Copyright Office's online directory of designated agents as Photobucket Corporation.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

 

Your physical or electronic signature.

An 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 disabled.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

Subpoenas

Photobucket may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize Photobucket to release information about you if required by law or subpoena, without notice to you.

You agree that you, and not Photobucket, are responsible for any violations of any intellectual property rights in any content that you upload to the Website.

 

Notification of Trademark Infringement 

If you believe that your trademark (the "Infringed Mark") is being used by a user in a way that constitutes trademark infringement, please provide our copyright agent (specified above) with the following information:

  • Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;

  • Information reasonably sufficient to permit Photobucket to contact you or your authorized agent, including a name, address, telephone number and an email address;

  • Identification of the Infringed Mark(s) claimed to have been infringed, including (i) for registered Infringed Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law Infringed Marks, evidence sufficient to establish the time period and geographic area in which the Infringed Mark has been used by you;

  • Information reasonably sufficient to permit Photobucket to identify the use being challenged;

  • A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and

  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Infringed Mark owner, or are authorized to act on behalf of the Infringed Mark owner.

Upon receipt of notice as described above, Photobucket will confirm the existence of the Infringed Mark on the Website, notify the user who posted the Infringed Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Infringed Mark from the Website. A registered user may respond to notice of takedown by showing either (a) that the Infringed Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Infringed Mark. If the registered user succeeds in showing either (a) or (b) then Photobucket will not remove the Infringed Mark. If Photobucket decides to comply with a takedown request, it will do so within a commercially reasonable time after receipt of the notice.

Notwithstanding the foregoing, Photobucket will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Website.

 

Rights of Publicity and Use of Name or Likeness

Photobucket respects the rights of individuals to exploit their own name, voice, signature, photograph or likeness and prohibits its users from posting Content that would otherwise misappropriate a third party's right of publicity. If you think that your right of publicity is being misappropriated as a result of the content on the Website, please provide our copyright agent (specified above) with the following information:

  • Information reasonably sufficient to permit Photobucket to identify the Content containing your likeness;

  • Your name, address, telephone number and, if available, your email address;

  • A statement that you, or in the case of a minor, your parent or legal guardian, (the "Authorizing Party") has not authorized the challenged use, and that the use is not otherwise authorized by law; and

  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Authorizing Party or that you are authorized to act on behalf of the Authorizing Party.

Upon receipt of notice as described above, Photobucket will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Website, with notice to the Registered User in question, unless, prior to such removal, the Registered User in question sufficiently demonstrates that he or she has appropriate authorization or consent to use your likeness.

Notwithstanding the foregoing, Photobucket will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

 

Questions?

Should you have any questions regarding this policy, please contact us at abuse@photobucket.com.