Copyright and DMCA

1. Overview

Phosphene respects the rights of creators. People can publish images and videos they make with Phosphene to the public Community gallery and share them by link. If you believe something on Phosphene infringes your copyright, send us a notice as described below. We respond to notices under the US Digital Millennium Copyright Act (17 U.S.C. 512) and handle notices sent under similar laws in other countries the same way.

2. Where to send a notice

Copyright agent for Phosphene, UNITED FOOD & DRINK COMPANY LIMITED, doing business as Phosphene, Mui Ne Ward, Lam Dong Province, Vietnam.

Email: [email protected] with the subject line "Copyright notice".

For an image in the Community gallery, you can also open the image, choose Report this image, and pick "Copyright or trademark". A formal notice by email is still required for us to act under the DMCA.

3. What a notice must include

1. Your physical or electronic signature.
2. A description of the copyrighted work you believe is infringed, or a representative list if several works are covered by one notice.
3. The exact location of the material on Phosphene, such as the page or image URL, so we can find it.
4. Your name, postal address, telephone number and email address.
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

4. What happens next

When we receive a complete notice, we remove or disable access to the material and tell the person who published it, including a copy of the notice. We may ask for more detail when a notice is incomplete.

5. Counter-notice

If your material was removed and you believe that was a mistake or a misidentification, you can send a counter-notice to the same address. It must include:

1. Your physical or electronic signature.
2. A description of the material that was removed and where it appeared before removal.
3. A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification.
4. Your name, address and telephone number.
5. A statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which Phosphene may be found), and that you will accept service of process from the person who sent the original notice or their agent.

We forward a complete counter-notice to the person who sent the original notice. Unless they tell us within 10 business days that they have filed a court action, we may restore the material within 10 to 14 business days.

6. Repeat infringers

We close the accounts of people who repeatedly infringe the rights of others, as our Terms of Service allow.

7. Accurate notices

Under 17 U.S.C. 512(f), a person who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages. If you are unsure whether a use is infringing, consider getting legal advice before sending a notice.

8. Trademarks, likeness and other rights

For trademark, privacy or likeness concerns, write to the same address and describe the material and the right involved. Our Acceptable Use and Content Policy explains what we remove.