1. Our Policy.
1.1 Intellectual Property at PartyPassport.
PartyPassport takes intellectual property rights seriously. For that reason, we
have created a simple process to deal with complaints of alleged infringement of
certain third party intellectual property rights on the PartyPassport platform.
This process covers allegations of infringement of copyrights (e.g., written
text, photographs, sound recordings and video clips) and trademarks/servicemarks
(e.g., logos, slogans and names identifying a good or service). Capitalized
terms used but not defined in this Agreement are defined in the Terms of Service.
1.2 Third Party Content.
All information, data, text, editorial content, design elements, look and feel,
formatting, graphics, images, photographs, videos, music, sounds and other
content relating to an event on the Services is posted by Organizers,
Consumers, or other third parties, and not by PartyPassport (collectively,
"Third Party Content").
1.3 Purpose.
The following policy sets forth the process by which any third party who believes
that their trademark and/or copyrights are being infringed by Third Party
Content may request that PartyPassport remove the allegedly infringing Third Party Content.
2. Removing And Re-Posting Of Third Party Content.
2.1 Getting Allegedly Infringing Content Removed.
If you believe in good faith that any Third Party Content PartyPassport makes available in connection with the Services infringes your copyright or trademark rights, you (or your agent) may send us a takedown notice requesting that the Third Party Content be removed, or access to it be blocked. Your takedown notice needs to contain the following information in order for PartyPassport to be able to take action:
- Information that allows PartyPassport to contact you (i.e., name and address, telephone number and/or email address);
- Sufficient information to identify the copyrighted works or trademarks that are allegedly being infringed, including registration number and registration office if applicable;
- Sufficient information for us to identify and locate the allegedly infringing material including its Internet location (i.e., URL address);
- A statement that you have a good faith belief that the use of the Third Party Content on PartyPassport is not authorized by the owner of the Content, its agent or the law;
- A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed material or you are authorized to act on behalf of such owner; and
- A physical or electronic signature of the person submitting the takedown notice.
The simplest and most efficient way to submit a written takedown notice is by
reporting the infringement to our Content Policy and Moderation team, which is
our DMCA/Trademark Agent, here.
Filing this notice is the fastest method for reporting alleged copyright and/or
trademark infringement.
2.2 Liability.
Please note that by submitting a takedown notice, the information you provide is
generally subject to PartyPassport's Privacy Policy, however, you agree that
PartyPassport may provide copies of such takedown notice to the alleged infringer,
which may include your name, and that the alleged infringer may contact you directly
to discuss the allegation. In addition, you will be liable for any damages (including
costs and attorneys' fees) incurred by PartyPassport or the alleged infringer in the
event you knowingly and materially misrepresent that Third Party Content is infringing
(taking into consideration copyright defenses (such as fair use) and exceptions).
If you are unsure whether the material you are reporting is infringing, you should
contact an attorney before filing a takedown notice. PartyPassport cannot provide
you with legal advice as to whether or not you are entitled to file a takedown notice.
2.3 Takedown.
Upon receiving a valid and fully completed takedown notice that identifies an infringement
of copyright or trademark rights, PartyPassport will remove or disable access to the
allegedly infringing material and notify the alleged infringing party.
2.4 Getting Content Reposted That Is Not Infringing.
If PartyPassport has removed your material from the Services, the fastest way to get your
material reposted is to remove the portions of your material that are allegedly infringing.
In most instances, we only allow users to re-post material we have removed in response
to a takedown notice if the complaining party withdraws their complaint.
2.5 Notice Address.
If you do not wish to fill out and submit your takedown notice electronically, you may
submit it in writing to the address below, which is the address of our agent for purposes of
the Digital Millennium Copyright Act.
Damage Control Entertainment, LLC.
90 State Street
STE 700 Office 40
Albany NY 11207
Attn: PartyPassport, DMCA/Trademark Agent