This is a heads up on protecting the copyright holders of the images that you 'Snip' from other (third party) websites into your Private Diary or Public Diary Pages. So listen up Diary kids!
When you 'Snip' (save to your Diary) pictures from around the web, please respect the copyright of the original owner, and if possible give them credit in the caption. Write a well thought out caption, and then give credit to the copyright holder. If the original copyright owner gets mad about you ‘snipping’ their copyrighted picture, they may want it removed from your Public Diary Page, and a DMCA TakeDown Notice could be issued. Which means you will have to remove the photo for your Public Page.
Diary.com does not claim any ownership rights in any such User Content posted and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You also acknowledge and agree that you, the user, are solely responsible for all User Content that you make available through the Diary.com, its mobile applications and Services. As such, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content you post… and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Diary.com’ use of the User Content (or any portion thereof) on, through or by means of Diary.com, its mobile applications and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
It is Diary.com’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Remember to respect the copyright holders rights, give credit, and be good citizens of Diary.com!
If you are a copyright owner, or are 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 Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Diary.com’s Designated Copyright Agent. Upon receipt of the Notice as described below, Diary.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. If you are still confused about your status and the potential infringment and its consequences there is an excellent DMCA blog post at Plagiarism Today which will guide you. The DMCA Notice of Alleged Infringement ("Notice")
Please identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found. You need to provide your mailing address, telephone number, and, if available, email address. There is an excellent Google DMCA template here. In the email please include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name and your electronic or physical signature.
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