Notification of Copyright Infringement

Photobucket respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Photobucket will respond expeditiously to notices of alleged infringement that are reported to Photobucket's Designated Copyright Agent, identified in the sample notice below.

Notices of Alleged Infringement for Content Made Available Through the Photobucket Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Photobucket.com website (the "Site") by completing the following notice ("Notice") and delivering it to the Designated Copyright Agent.

Photobucket does not permit copyright infringing activities through its services and will, if properly notified that content infringes, remove or disable access to such content. Photobucket reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, Photobucket will also terminate users whom it determines to be repeat infringers.

Counter Notices

A poster of allegedly infringing material may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Photobucket receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please return the following form to the Photobucket Copyright Agent.

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 Site.

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 Photobucket's Copyright Agent (specified above) with the following information:

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

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

3. 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;

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

5. 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

6. 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 Site, notify the Registered 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 Site. 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 Site.

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 Site, please provide Photobucket's Copyright Agent (specified above) with the following information:

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

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

3. 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

4. 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 Site, 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.