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6. Folder disabling |
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| 6.1 Why has my folder been disabled? |
| 6.2 Which file(s) caused the disabling? |
| 6.3 What does it mean when a folder of mine is disabled? |
| 6.4 I have removed the file(s), what now? |
| 6.5 What happens if this is the second time that a folder of mine is disabled? |
| 6.6 What files are considered as copyright infringing? |
| 6.7 What is "fair use"? |
| 6.8 What files are considered as abusive? |
| 6.9 What happens if I can prove that the file was taken from another user from esnips.com? |
| 6.10 What happens if I have posted these files by mistake? |
| 6.11 Is it okay to upload and share a file that I bought? |
| 6.12 what are the consequences of uploading a copyright infringing or abusive file? |
| 6.13 What should I do if I think that the folder was wrongly disabled? |
| 6.1 Why has my folder been disabled? |
| A complaint about one or more files from your folder has been received. The complaint could be related to copyright infringement, or to any other violation of our Terms of Use. |
| 6.2 Which file(s) caused the disabling? |
| In general, it is probably the copyrighted or abusive file(s) on your folder which have caused others to post a complaint about it. Please see 6.6 |
| 6.3 What does it mean when a folder of mine is disabled? |
| It means that other people will not be able to access the files in this folder and that it will be deleted in 60 days. |
| 6.4 I have removed the file(s), what now? |
| Nothing. This folder stays disabled. You can open a new folder and move the other, non-problematic, files to it. Please be advised: if further complaints will be received regarding one or more of your folders, your account can be permanently disabled. |
| 6.5 What happens if this is the second time that a folder of mine is disabled? |
| Should eSnips receive further complaints regarding a folder that belongs to you your account, with all your folders, will be terminated and you will no longer have access to it. |
| 6.6 What files are considered as copyright infringing? |
| If you have created the content yourself, it is not copyright infringing. If the content was created by someone else, you need their permission to post it. This includes music, videos, books, articles, photos or any other content. By the way, just because you found the content on the internet does not mean that you can post it. Finding it does not make it yours and you cant re-post it to eSnips ( please see 6.9 ). Even if you give credit to the person who created it, it is still copyright infringing if you do not have their permission. The only exception to the above is in the case of "fair use". |
| 6.7 What is "fair use"? |
| In general, it means that even though the content was created by someone else, you can use a small part of it. Example: including a brief excerpt from a book when you're commenting on it, or making fun of content in a parody. Fair use is further explained here and here. |
| 6.8 What files are considered as abusive? |
Do not post content that involves the following:
- Pornography or sexually explicit content. No nude photos or videos are allowed. Also, be advised that we work closely with law enforcement and we report child exploitation.
- Dangerous or illegal acts, like animal abuse, drug abuse, or bomb making.
- Graphic or gratuitous violence and footage that is intended to shock or disgust.
- Hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality.
- Predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information.
This is not a complete list. Use your common sense to judge whether your content is considered as abusive or not. Please take these rules seriously and take them to heart. Don't try to look for loopholes or try to lawyer your way around them—just understand them and try to respect the spirit in which they were created. |
| 6.9 What happens if I can prove that the file was taken from another user from esnips.com? |
| It doesn't matter. That person may have had the right to post it. You are considered to be the poster of this file. If you arent the creator of the content and don't have permission from the creator, dont post it. Find something amazing to create and post that. |
| 6.10 What happens if I have posted these files by mistake? |
| We don't have a way of knowing whether you uploaded a file to esnips.com by mistake or not. Neither do the people who report your folder as containing copyright infringing or abusive material. You must be certain that any file you upload to esnips.com does not infringe others' copyrights and is not abusive. |
| 6.11 Is it okay to upload and share a file that I bought? |
| No. You are only allowed to share content that you have created yourself or that its copyright owner has specifically permitted you to share. In most cases, you cannot share material that you have purchased for personal use or material that was purchased by your employer or your university. |
| 6.12 what are the consequences of uploading a copyright infringing or abusive file? |
There are few possible consequences:
- Your folder may be disabled.
- Your account may be terminated.
- If a subpoena is issued, esnips.com will have to comply with it. Usually, a subpoena is issued in order to get additional user details, such as e-mail address, date of birth and postal address (if provided).
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| 6.13 What should I do if I think that the folder was wrongly disabled? |
If your folder was disabled as a result of a copyright infringement complaint and you are the copyright owner, you may submit a formal counter-notification to notice@esnips.com, containing substantially the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or disabled (please provide the URL of the file).
- A statement 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 to be removed or disabled.
- Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who complained about your posting or an agent of such person.
Please note that the above text does not constitute or replace legal advice in any way. |
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