DMCA and NTD policy

Last update: 22 April 2017

If you find any images hosted in Waterpedia that violates any copyrights, please contact us by visiting the Contact us page and choosing the subject to "DMCA or NTD complaint". We will reivew the work accroding to the DMCA and NTD procedures and remove if it violates the copyright claim.

Waterpedia is committed to the freedom of expression of its contributors, editors and community members, but we also realize that our image sharing platform contains user-generated content (USC) which might be used in a way that is illegal and can cause damage to other parties. Waterpedia's role as an Online Service Provider (OSP) is limited and in the unfortunate event when we find or is notified of unlawful content being distributed through our Service, we will follow the procedures described below and by using our website, you agree to be bound by our DMCA and NTD policies below.

Waterpedia is based in the Netherlands and subscribed to the Dutch Notice and Take Down Code of Conduct (NTD-gedragscode) of the Platform Internet Security (Platform Internetveiligheid). In addition, Waterpedia is also registered with the U.S. Copyright Office in Washington D.C. for the designated agent to receive notification of under the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), as we may be required to remove content from the Waterpedia website in response to claimed infringement with an official DMCA request to take down the content.

Waterpedia Notice and Take Down (NTD) Policy

By using our image sharing website, you agree to be bound by our Notice and Take Down Policy below.

Code of Conduct

The Dutch Notice and Take Down Code of Conduct (“Code”) of the Platform Internet Security (Platform Internetveiligheid) establishes procedures for internet intermediaries like Waterpedia to deal with reports of (alleged) unlawful content, directed at removal of disputed content (“Report” or “Reports”). This Notice and Take Down Policy (“NTD Policy”) describes the procedures and time limits Waterpedia applies in dealing with such Reports.

Report requirements

Any person or organization that makes a Report (“Notifier”) has the duty to ensure that it is correct and complete.

Waterpedia should be able to verify that Reports following an investigation regarding a criminal offense have originated from an inspection or investigation service, or – in the case of a formal legal order – from the Public Prosecutor’s Office. A Report of any other nature than the foregoing should include at least the following information:

  1. 1) Notifier’s contact details, name, function, organization, address, email address);
  2. 2) all information Waterpedia needs in order to evaluate the lawfulness of the disputed content, including its location (URL);
  3. 3) motivation as to the unlawfulness of the content, or why it is in conflict with Waterpedia’s Terms of Service, DMCA and NTD or Privacy Policy;
  4. 4) the motivation of the reason(s) why Waterpedia is the most appropriate intermediary to deal with the matter.

Indemnity

Notifier will provide Waterpedia with an explicit indemnity against 1) claims from the user whose content is at dispute (“Content Provider”) relating to any actions Waterpedia has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content send through our Service.

Urgency

Notifier might request Waterpedia to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. Waterpedia determines at its own discretion whether the report should be dealt with as a matter of urgency on the basis of the foregoing explanation.

Evaluation

Waterpedia shall evaluate the Report and classify it into one of three categories:

  1. 1) punishable content reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office;
  2. 2) unequivocally unlawful (onmiskenbaar onrechtmatig) content and/or punishable content reported by other sources than the authorities listed under 1); and
  3. 3) all other content, falling neither under category 1) or 2).

Measures

Waterpedia’s categorization of the Report determines which measures are taken to address the Report.

  • In the event that Waterpedia determines that the content concerned is unequivocally unlawful or punishable, in other words, falls under the above-mentioned categories 1) and 2), Waterpedia ensures that the content concerned is immediately removed;
  • In the event that Waterpedia determines that the content concerned is not unequivocally unlawful or punishable, in other words, falls under the above-mentioned category 3), the content concerned shall not be removed. Waterpedia will inform Notifier accordingly;
  • In the event that Waterpedia is not or insufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, Waterpedia will inform Content Provider about the Report with the request to (i) allow Waterpedia to remove the content or (ii) to contact Notifier. If Notifier and Content Provider are unable to reach an agreement, Notifier can make an official report to the police if a criminal offense might be concerned. If it concerns content that is alleged to be unlawful under civil law, Notifier can bring the dispute with Content Provider before a Dutch court of law. Should Content Provider be unwilling to sufficiently identify himself to Notifier, Waterpedia has the right to (i) provide Notifier with the Content Provider’s name, email address and IP-address or (ii) to remove the content concerned.

Period

Categorization and appropriate measures will preferably take place as soon as possible, yet ultimately 10 days after receiving the Report.

Due caution

In the events that content is to be removed, Waterpedia shall exercise due caution to ensure that no more than the necessary content, in regards to the Report, is removed.

For questions about this NTD Policy, please contact Waterpedia by sending an email to legal@waterpedia.wiki

Waterpedia Digital Millennium Copyright Act (DMCA) Policy

In accordance with the Digital Millennium Copyright Act of 1998, Waterpedia will promptly respond to claims of copyright infringement, provided such claims are reported to Waterpedia’s Designated Copyright Agent identified below.

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 the Waterpedia website by contacting Waterpedia’s Designated Copyright Agent.

Upon receipt of the notice, as described below, Waterpedia will take whatever action, in its sole discretion, it deems appropriate, including removal and deletion of the allegedly infringing content.

The following information must be included in a DMCA Notice of Claimed Copyright Infringement:

  1. 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.
  2. Identification of the infringing material and information reasonably sufficient to permit Waterpedia to locate the material.
  3. A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law.
  4. Your contact information, including your address, telephone number, and an e-mail address.
  5. A statement that the information that you have provided in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner;
  6. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Click this link for the contact details of the Waterpedia's DMCA Designated Agent

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