Copyright ActUmail

1. Verwijdering van alle publicaties op internet onder de naam(sonderdeel) actumail.

2. Zorgdragen dat ook in zoekmachines de verwijzing van actumail naar uw activiteiten zijn verwijderd.

4. Rectificatie op uw website(s) met de mededeling dat u ten onrechte gebruik heeft gemaakt van actumail met verwijzing naar de website van rechthebbende www.actumail.nl

5. Vergoeding aan rechthebbende voor elke maand dat u deze naam heeft gebruikt. Direct opeisbare dwangsom bedraagt 2.000,00euro voor elke maand dat er inbreuk is gemaakt op het merkrecht. Nader onderzoek zal de werkelijke schade vaststellen en de schadevergoeding van de werkelijke schade in het economische verkeer zal ook middels een gerechtelijke procedure worden gevorderd indien de pleger van de inbreuk niet na eerste aanmaning invulling geeft aan onderhavige vorderingen.

U had kunnen weten dat het gebruik leidt tot verwarring in het handelsverkeer. Door dit gebruik heeft u het kennelijke doel gehad om te profiteren van de naamsbekendheid van actumail. Door onder deze naam in het openbare domein te treden heeft u zonder recht geprofiteerd van het merk.

071214 Dossier nrit B.V. directeur Joop Janssen, Paardeweide 3 Breda heeft omzet gemaximaliseerd door advocaat mr. Lamers een verzoek aan ons op 3 december 2007 te laten richten om “eventuele rechtsmaatregelen … op te schorten”. Update juni 2008: de inbreuken op het merk zijn niet gestopt en er is niet meer gereageerd op aanschrijvingen. Voor abonnees van ActUmail.nl is het correspondentiedossier ter inzage zo kunt u zelf leren van deze inbreuken op merkrechten met een financieel oogmerk en gewin.

©® Copyrights1997-2010 The Netherlands: All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanic, printing, photocopying, recording, or otherwise, without the prior written permission of the author. We encourage intellectual property rights owners to contact us if they believe that their rights have been infringed by an user of our service. We also encourage our users to contact us if they suspect that another user is infringing our rights or the rights of a third party. Please visit our Intellectual Property Rights Policy for information regarding the procedure to notify us of a potential infringement by an user of our service.

Alle publicaties zijn tevens aan te merken als software. U kunt deze software gebruiken voor het bestuderen van de producties waarvoor u van de copyrighthouder ActUmail.nl toestemming tot kennisneming heeft gekregen. Als u niet de copyrighthouder, licentiehouder bent en geen toestemming heeft gekregen van de copyrighthouder, schendt u mogelijkerwijs de wet op het copyright en stelt u zich bloot aan eisen tot schadevergoeding en/of strafrechtelijke sancties. U gaat ermee akkoord geen enkele productidentificatie of berichtgeving over de eigendomsbeperkingen te verwijderen van de producten, producties, handleidingen en handreikingen. Alle rechten voorbehouden. ActUmail, Empathy, klachtrecht, arborecht, mediationrecht, zedenrecht, mediationadvies zijn geregistreerde handelsmerken©®.

What is a Copyright?
A copyright protects original work of authorship such as a choreography, picture, drawing, graphics, software program, written work, sculpture, song, or photograph. Copyright law prevents you from copying another's copyrighted work for any purpose; making things based on the copyrighted work; distributing copies of the copyrighted work; publicly performing the copyrighted work; displaying the copyrighted work; and in the case of sound recordings, transmitting the recording over the internet or in another media. In a nutshell, copyright law protects the expression of one's idea.

How long does copyright protection last?
The term of a copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For works first published prior to 1978, the term will vary depending on several factors. In general works created before 1922 are in the public domain. However, if a change has been made to a work taken from the public domain, the new work may be copyrightable and protected. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (Title 17 of the United States Code).

What is a Trademark?
A trademark is a word, name, symbol or other device that identifies the goods or services of a given person or company and distinguishes them from the goods or services of other persons or companies. Trademark law prevents you from using another's trademark (such as the name of a musical group or artist) on your merchandise, because such use will cause consumers to believe that the trademark owner has made, approved of, or endorsed your merchandise. In short, a trademark is someone's name/brand. For example, Empathy® is a registered trademark, ActUmail.nl® is a registered trademark.

What is a Service Mark?
Any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish their services from those manufactured or sold by others and to indicate the source of the services. For instance, "Always finding the moderate resolution" is a Service Mark of Empathy.

What can be trademarked?
Word(s), word(s) plus design, trade dress, packaging, sound, slogans, smell, service mark, geographic marks, collective marks, certification marks, and family marks.

What is Trade Dress?
Trade dress can function as a trademark and is used to identify the goods of a party in the marketplace. For instance, trade dress can be the shape of a Coca Cola bottle, the yellow color of Kodak film, and the shape of a classic Ferrari or the used empathy.red.color.

What are Trademark rights?
An owner of a trademark/service mark has the right to use that trademark/service mark and to prevent others from benefiting from the trademark/service mark's good reputation and recognition in the marketplace.

What is the difference between a Trademark and a Registered Trademark?
The ® symbol represents that a trademark is actually registered with the U.S. Patent and Trademark Office. The ® symbol may only be used in association with a trademark that is registered with the U.S. Patent and Trademark Office. If the trademark/service mark is followed by a TM or SM symbol the goods/services provider is using the mark as a trademark, although the mark may not be registered with the U.S. Patent and Trademark Office.

What is Right of Publicity?
The Right of Publicity makes it unlawful to use another's identity for commercial advantage without permission. A person's "identity" includes, for example, his look, voice, name, nickname, professional name, and other distinctive characteristics. For example, the Right of Publicity prohibits you using the picture of a celebrity without authorization on your merchandise.

What is Right of Privacy?
Generally, the right of privacy protects the intrusion into one's private affairs, disclosure of one's embarrassing private facts, and publicly placing one in a false light in the public eye.

If it does not have a copyright notice, it is ok to use.
USUALLY NOT. Almost all works are protected by copyright, even if they do not have a copyright notice. Therefore, you should assume that you need to obtain permission to use any material that you did not create.

If I do not mark up the selling price of my products, it will not be an infringement.
FALSE. If a product is not marked up from its base price, that sale can still be considered an infringement, even if you are buying the product yourself. Even if you post an image in your store and make no sales or earn no profits, you can still be held liable for the use of the image.

It's on the internet, so it is ok to use it.
FALSE. Simply because an image is found on the internet does not mean that it is in the public domain. Unless the author of the work has explicitly stated that his work is "public domain" or that the copyright has expired because the work is very old, then you must assume it is not. Further, a person who posts an image on the internet and claims that you are free to use it may not have had the right to post the image in the first place. Thus, your use of the image may violate the rights of the actual copyright owner.

It is Fair Use.
USUALLY NOT. Fair use of a work for the purposes of merchandise sale is treated very differently than for informative purposes or for commentary. In general, a claim of fair use of a work when it is used on merchandise may not hold up in court, especially if the merchandise is sold for profit.

I took the photo, so I can use it however I want.
FALSE. Simply taking a photo of a person, company, brand, logo or the like does not afford you the right to sell merchandise featuring that photograph. There are two distinct intellectual property rights in a photograph: (1) the rights in the photograph itself and (2) the rights in the subject of the picture, such as the product or person shown in it. For example, if you take a photo of a car or celebrity, you only own the rights to the photo, but not the right to use the photo of a celebrity for merchandise sale. In order to sell merchandise with the image, you will need to obtain explicit permission from the celebrity.

I based my artwork on the artwork of a third party, so that is ok.
FALSE. Works that are derived from a previous work of another violate the rights of the owner of the previous work. Therefore, if you are creating an image that is based on the work of someone else, you need to obtain permission from the original creator prior to your use of your work. For example, Weird Al Yankovic obtains permission from Michael Jackson prior to recording a song based on one of Michael Jackson's songs.

It's parody, so it is ok.
MAYBE. Parody is one form of fair use (please see "What is Fair Use"). Parody may qualify as fair use only if it draws upon the original composition to make humorous or ironic commentary about that same composition. Whether something falls within the Fair Use parody exception depends on whether the parody reasonably could be perceived as commenting on the original or criticizing it, to some degree. Generally parody, like Fair Use, is a difficult and murky concept, even for experts, and you should consult with an attorney before using copyrighted or trademark material in connection with the ActUmail.nl® service.

I am using Clip Art, so it is ok.
USUALLY NOT. Most clip art, photo collections, or graphic programs contain a license agreement. The license agreement sets forth the specific uses for the clip art. In most instances the license does not grant you the right to use the clip art for the sale of merchandise. You should consult the license agreement and your attorney to determine whether you can use the clip art images of ActUmail.nl®.

The First Amendment protects my freedom of speech, so I can use whatever images I want.
FALSE. Freedom of speech is a constitutional protection that guarantees that the government will not oppress your right to self-expression. It does not give you the right to use intellectual property of another to sell or distribute merchandise.

Can I use images of a celebrity since you allow images of famous political figures?
NO. There is an exception to the Right of Publicity for political figures, which does not extend to celebrities.

For additional information on Copyrights, please visit the United States Copyright Office Library of Congress at http://www.copyright.gov. For additional information on Trademarks, please visit the United States Patent and Trademark Office at http://www.uspto.gov. For general questions about Intellectual Property Rights (copyrights/trademarks), please visit the Nolo Law Center at http://www.nolo.com. You can find the federal laws regarding Copyright (U.S.C. Title 17) and Trademark (U.S.C. Title 15) at http://www.gpo.gov .

We encourage intellectual property rights owners to contact us if they believe that their rights have been infringed by a user of our service. We also encourage our users to contact us if they suspect that another user is infringing the rights of a third party. Please visit our Intellectual Property Rights Policy for information regarding the procedure to notify us of a potential infringement by a user of our service.

What is a manuscript?
A manuscript is a handwritten or typed composition intended for publication. In most cases, it is owned and copyrighted by the author.

What material is in the public domain?
Material in the "public domain" is freely available to be used by the public, because it is not protected by copyright, the copyright in such material has expired, or the work was created for public use.

For instance, documents created by the United States government are in the public domain in most cases. Works created before 1922 are also generally in the public domain. However, if a change has been made to a work taken from the public domain, the new work may be copyrightable and protected.

You should NOT presume that material is in the public domain without verifying it with an attorney or other reputable source. You should also NOT presume that material publicly available on private or commercial web sites is not protected by copyright.

What is fair use?
"Fair use" is a principle of copyright law that may come into play in the context of book and magazine publishing that does not often come up in the context of merchandise.

Under the fair use doctrine, an author can use another's copyrighted material without infringing that copyright. In determining whether a given use is "fair," US-courts look at four primary factors:

Generally speaking, uses of a small portion of another's factual work for "scholarly" purposes are deemed "fair," while uses of large portions of another's copyrighted work to produce a competing work are not. Fair use is a difficult and murky concept, even for experts, so you should consult with an attorney before using copyrighted material in connection with the Empathy.nLaw service, even if you think that such use is "fair." One way to evaluate whether an use is "fair" is to consider your own reaction if someone used your work without permission.

In this circumstance, "published" means that such statements was written or verbally communicated to another. Written defamation is also known as "libel." Defamation through the spoken word is also known as "slander."

What is the right of privacy?
Individuals have a "right of privacy." An invasion of this right can occur in four ways:

Is ActUmail.nl® a publisher?
NO. ActUmail.nl® provides a service that allows its users to self-publish their own manuscripts.

Is my book protected once it is uploaded to ActUmail.nl®?
YES. You acquire a copyright in your work simply by creating it in a tangible form, which prohibits others from copying it without permission. Obviously, ActUmail.nl® cannot prevent any third party from copying your work without your permission, nor can it assume any responsibility for any unauthorized use by a third party. Most authors register their works with the U.S. Copyright Office in order to secure certain legal protection for their works.

Do I need a lawyer to register for a copyright?
NOT REALLY. To register a work for copyright, you may file an application with the Copyright Office of the United States. The application must include copies of the work and the appropriate filing fee. For more information, you can access the Copyright Office website at http://www.copyright.gov.

If I publish my book through ActUmail.nl®, will ActUmail.nl® own the rights to my book?
NO. You retain all rights to your book, but grant a non-exclusive license to ActUmail.nl®. Once you cease using the ActUmail.nl® service, ActUmail.nl® will cease its use of your book.

If I signed a contract with a publishing company to publish my book, can I use the ActUmail.nl® Service to re-publish the same book?
MAYBE. Most publishing contracts grant the publishing company an exclusive right to publish the book, which means that it alone can publish your book. Accordingly, you need to review your publishing contract to determine whether you have the rights to use the ActUmail.nl® service to publish your book. If you have any questions, please consult with an attorney.

Can I publish content that I found on the Internet?
USUALLY NOT. Just as is the case with your manuscript, works found on the Internet are generally protected by copyright. The exceptions to this are few and far between. As such, you should not use any work that you found on the Internet unless you get the author's permission to use it.

Can I include nude images in my book?
MAYBE. It is impossible to provide a definite answer to this question, since "nude images" can consist of some of the most famous works of art ever created, or content that is obscene, pornographic, or even illegal. ActUmail.nl® prohibits the latter and permits the former. However, a substantial amount of material falls somewhere between the two extremes. When this happens, ActUmail.nl® must exercise its discretion on a case-by-case basis. Please refer to our Questionable Material & Prohibited Content Guidelines for details.

Can I use other quotes, artwork, or other third-party material in my book?
MAYBE. The copyright principle of "fair use" (described above) permits authors to use limited amounts of the copyrighted works of others. Fair use is an extremely difficult concept, which is hard even for experienced attorneys to apply. The ActUmail.nl® Terms of Service provides that you are responsible for any content that you use in connection with the ActUmail.nl® service. Therefore, you should not use any third-party material unless you have permission to do so, or have consulted with an attorney to verify that your use of third-party material is "fair."

Can I use the ActUmail.nl® service to publish a book about another person or a famous person?
MAYBE. In merchandising, the use of another person's name or likeness is rarely, if ever, permitted. However, the First Amendment may give you a right to publish a book about another person, particularly if that person is famous or involved in a newsworthy event. But, this right is limited. For example, you cannot defame another person or invade their right of privacy. Similarly, the First Amendment does not allow you to publish false or misleading information about a celebrity or use that celebrity's name or likeness to sell products. The limits to the First Amendment are hard to define, even for experts. Therefore, you should obtain permission from any person about whom you write a book about or consult with an attorney to make sure that you are not violating that person's rights.

Can I publish a compilation of other authors' work if I give the author's credit?
NO. Each person's work is a separate work, protected by copyright. Each person retains the rights to their work unless they grant them to you in a written agreement. Even if you give the other authors credit, copyright law does not give you the right to use their work in a compilation unless you obtain their permission. To help ensure that the agreement is enforceable, you should pay each author a fee for his or her grant of rights to you.

Can I publish a work if it is in the public domain?
MAYBE. There maybe limited instances where you may use material which is in the public domain. For instance, works that are created before 1922 or by the federal government are generally in the public domain unless otherwise noted. It is important to remember, that if a work which is in public domain, has been changed or altered, from its original version, may have new copyright protection based on the changes made.

For additional information on Copyrights, please visit the U.S. Copyright Office Library of Congress at http://www.copyright.gov (specifically see "Copyright Basics"). For general questions about writing and publishing, please visit The Authors Guild at http://www.authorsguild.org.

What is a Song?
A song is a musical composition and consists of lyrics and/or music that can be written down as words (for the lyrics) or musical notes (for the music and for the melody to which the lyrics are sung). The person who writes the song is the songwriter or composer. A song can be performed by many different people many different times. For example the song "Landslide" has been performed by the Dixie Chicks, Smashing Pumpkins, and Fleetwood Mac.

What is a Sound Recording?
A sound recording contains a performance of a song written by a songwriter or composer. The performance brings life to a song that otherwise could only be read as sheet music. A recording captures a one-time event that can never be duplicated in the exact same way. For example the performance of the song "Landslide" by the Dixie Chicks.

Who is a Producer?
A producer creates the performance of the recording in a concrete form that can be listened to over and over again.

What are Mechanical Royalties?
Mechanical royalties are payments for the reproduction and distribution of recordings including recordings reproduced on CDs or distributed over the internet in the form of downloads or streaming. Regardless of whether a song is newly performed or a copy of an original recording, it is still subject to mechanical royalties. The amount of mechanical royalties is negotiated directly with the owner of the song or the publisher of the song.

Who collects Mechanical Royalty payments?
Mechanical royalties are either collected by the publisher/owner of the song, directly from the recording company or through the collection services of a mechanical rights agency, such as the Harry Fox Agency, AMRA, OR ACEMLA or in the Netherlands BUMA/STEMRA. A standard licensing form can be obtained through HFA's website.

Who sets the rate for Mechanical Royalties?
The negotiated amount is normally based on the statutory rate contained in the United States Copyright Act. The statutory rate is subject to increases from time to time under the regulations made by the United States Copyright Office. The current rate (2005) is 8.5 cents ($.085) per song and in some instances can be negotiated down to that rate to $.06 per song.

What is the American Federation of Musicians & American Federation of Television and Radio Artists?
These are unions established to represent feature artists, side artists, producers, and mixers in contract negotiations, music rights enforcement and other union activities. If your music was recorded under the jurisdiction of any union you will need to make sure all monies due are paid to these respective unions prior to your use of the ActUmail.nl® service. Since the ActUmail Society and Empathy.nLaw have their headquarter in the Netherlands Dutch Law is applicable and the Dutch unions are BUMA/STEMRA.

Because of intellectual property laws, ActUmail.nl® has certain rules regarding the types of merchandise that you can make and sell through its service. For example:

I own the recording rights, so I don't need permission to use the song.
FALSE. A musical recording includes two different types of copyrights, one to the recording and one to the song that is being recorded. Therefore, you must obtain a license from the owner of the song (usually, the songwriter or the songwriter's publisher) in order to record the song on a CD. You will also have to pay "mechanical royalties" to the owner of the song for each CD sold that includes the song.

I am signed with a record company; can I still distribute my music through ActUmail.nl®?
MAYBE. If you are signed with a record company you may need to obtain a written consent form from that company allowing you to distribute your music through ActUmail.nl®. In most instances the record company will hold the rights to each member of the group. To be sure you are in compliance, please check with your record company prior to the commencement of items being sold through your account.

I am recording a cover song, so no license is required.
FALSE. A cover song is a new recording of a song that another artist has already recorded. This means that you will need a license to use the song, and you will still need to pay mechanical royalties to the owner of the song. Certain provisions of the Copyright Act require the owner of a cover song to give you a license (in exchange for payment) as long as you comply with those provisions. This rate must be paid for songs that you cover unless you negotiate a different amount directly with the owner of the song. If you choose to rely on the statutory compulsory license, the Copyright Act contains many other requirements with which it can be difficult to comply. Accordingly, it is usually easier to go directly to the owner and negotiate a license, if that option is available to you.

My recording contains "Samples" of other recordings and songs; is a license required?
YES. If your recording contains samples of other musical recordings you will need to obtain permission to use these samples in your recording.

I am creating a "Compilation" CD so no license is required.
FALSE. Compilations are small parts of several songs put onto one CD. They are treated similarly to copying the recording of a third party and will require a license from the publisher of the recording in order to be used in the compilation.

Do I need permission from people who helped me record the CD when it was all my idea?
YES. Each person who contributes to a recording may be creating a separate copyrightable product. Each person retains the rights to their contribution unless they grant them to you in a written agreement. All of the contributors to a recording, including performers, producers and mixers, must explicitly consent to your ownership and use of the recording. Even if the recording is your idea, copyright law may not recognize you as the sole author unless you obtain a written agreement from each contributor acknowledging that you own the recording, including "work for hire." The agreement should also give you the right to use the recording in any format and in any medium you choose. To help ensure that the agreement is enforceable, it is advisable to pay each contributor a fee for their services and their grant of rights to you.

I wrote most of the words and music for my CD so no license is required.
FALSE. The written words and music contained on a CD is treated very similar to a recording. Each person who has contributed in writing the song may have a vested interest in the music. Accordingly, a license which grants you the right to use their work in your CD may be required.

I am signed with a music publisher. Do I still have rights to the songs I wrote?
PROBABLY NOT. If you are signed with a publisher, you may have transferred your rights to the publisher under your agreement with them. Accordingly, you should check the agreement you signed with your publisher to determine if you are required to obtain their permission to self publish or self distribute (through ActUmail.nl®) the songs you wrote.

I recorded the music at a concert I attended, so it is ok to use.
NO. Unless you obtain an agreement from everyone who has contributed to the CD it cannot be reproduced. Generally, you cannot record concerts without the authorization of the performer. You may also need permission from the venue to bring recording equipment into the concert.

Will ActUmail.nl® retain the rights to my music if I stop using the service?
yes. YOU TRANSFERRED YOUR RIGHTS TO ActUmail.nl® and will retain the rights to your music. You are giving ActUmail.nl® a limited license to reproduce your music on your behalf through its network.

Do I have to obtain a copyright for my creative work?
NO but it's better if you do. Current copyright law does not require you to register a creative work in order to hold a valid copyright for that work. However, a registration maybe required before you can file a lawsuit for copyright infringement. In addition, if you register your work within 5 years after the initial release of the work, you will have stronger evidence of the validity of the copyright. Essentially, that means that it will be easier to prove that you own the work.

I am writing a software program, so I don't need a license.
FALSE. If the software you are creating contains elements of a third party software or is a derivative of a third party's work, you may be required to obtain permission from the other software company prior to the sale of your software.

Do I need permission from people who helped me create my VCD or Data Software?
YES. Each person who contributes to your Video CD (VCD), software program or the like may be creating a separate copyrightable product. Each person retains the rights to their contribution unless they grant them to you in a written agreement. All of the contributors to an end product, including performers, producers, software engineers, programs, developers and other contributors must explicitly consent to your ownership and use of their work. To help ensure that the agreement is enforceable, it is advisable to pay each contributor a fee for their services and their grant of rights to you.

For additional information on Copyrights, please visit the United States Copyright Office Library of Congress at http://www.copyright.gov. For additional information on Mechanical License agreements visit the Harry Fox Agency at http://www.harryfox.com.

ActUmail.nl provides an automated internet-based service to users, which they use to design and sell merchandise. We contractually prohibit our users from using the service to sell merchandise that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). We encourage intellectual property rights owners to contact us if they believe that a user of our service has infringed their rights. If you let us know that your rights are being infringed by one of our users we will (in our discretion) require that the user's content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.

If you believe that your intellectual property rights have been infringed by a user of our service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
Identification of the copyright, trademark or other rights that have been allegedly infringed.
The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise. Note: A store URL is www.actumail.nl/publicatienummer . Simply including www.actumail.nl is not sufficient to identify what you are objecting to; we use the "storeid" part of the URL to identify the user.
Your name, address, telephone number and email address.
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.
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.

Our Intellectual Property Rights Agent may reached by mail, email, telephone or fax as follows:

Mpathy Law
Attn:
Intellectual Property Rights Agent
P.O. box 113
NL-1180AC Amstelveen Email: empathy at empathy.nl Telephone: +31 208943119
Fax: +31 84 8820493

ActUmail Photo Album ©All rights reserved. Copyrights1998-2010 The Netherlands: No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanic, printing, photocopying, recording, or otherwise, without the prior written permission of the author. ActUmail Photo respect all intellectual property rights, including copyrights, and expect that every ActUmail Photo user and member (collectively "User") will do the same. ActUmail Photo may, at their sole discretion, terminate the account of any User who is believed to be infringing the intellectual property rights of anyone else.Niets van deze website mag worden verveelvoudigd, opgeslagen in een geautomatiseerd gegevensbestand, of openbaar gemaakt, in enige vorm of op enige wijze, hetzij elektronisch, mechanisch, door overtypen, uitprinten, fotokopieën, opnamen, of op enige andere manier zonder voorafgaande schriftelijke toestemming van de auteur. All photos, images, and content are copyrighted material and may not be used without the permission of the copyright owner. Album owners are solely responsible for the contents of their albums. If any User believes that such content infringes a copyright, the User should contact the album owner in question immediately. If the User is unable to resolve the situation, the User should promptly contact ActUmail Photo at the address below, and either state its claim or arrange to have the claim stated. Each such claim shall contain at least the following information: 1. A statement from the claimant, made under penalty of perjury, that (i) all information provided by the claimant is true and correct, (ii) the claimant is either the owner of the copyright or is authorized to act on behalf of the copyright owner, and (iii) the claimant believes, in good faith, that the disputed use is not authorized by either the copyright owner or applicable law. 2. An electronic or physical signature of the claimant. 3. A description of the copyrighted work that has allegedly been infringed. 4. A description of where the allegedly infringing material is located on the Web site. 5. The claimant's address, telephone number, and email address.