Snapfish is an internet service provider (“ISP”). Snapfish provides an automated, internet-based service which allows users of the service to upload and share photos, and design and purchase customized photo merchandise. Our users are contractually prohibited from using the service in a manner that infringes the intellectual property rights of others.
We respect the intellectual property rights of others, and do NOT welcome infringing content. We encourage you to contact us if you believe that a user of our service has infringed your rights. We promptly evaluate all claims of infringement, and terminate the accounts of repeat infringers.
DMCA Take-Down Notice
If you believe that a user of our service has infringed your intellectual property rights, please notify our Intellectual Property Rights Agent and provide all of the following:
1. A physical or electronic signature, and a statement that you are authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed;
2. Identification of the copyright, trademark or other rights that have been allegedly infringed;
3. The URL used in connection with the allegedly infringing image (Note: Simply including www.snapfish.com is not sufficient to identify what you are objecting to);
4. Your name, address, telephone number and email address;
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law (e.g., as a fair use); and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
DMCA Counter-Notice
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
A counter notice must include all of the following information:
Your signature, which may be provided electronically by typing your name
Identification of the material that has been removed or to which access has been disabled. For listings, please provide the listing URL to each item before it was removed or disabled
A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Snapfish is located, and that you will accept service of process from the person who provided the original notification or an agent of such person
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice. Fraudulent or abusive counter notices or other misuse of Snapfish’s Intellectual Property Policy may result in account termination or other legal consequences.
Take-Down Notices and Counter Notices should be sent by email to:
Snapfish
Attention: Legal Department – Infringement Claims Group
10 Almaden Blvd., Suite 900
San Jose, CA 95113
copyright@shutterfly.com