KwaKwa – Copyright Policy
Flying Pigs Ltd. and its affiliates (collectively, “we” or “us” or “our“) are deeply committed to safeguard the intellectual property rights of others, and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using our App “KwaKwa” and/or Website at kwakwa.com (collectively, the “Products”) that are reported to our Designated Copyright Agent, identified in the sample notice below.
Submit a Notice
If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any material or content made available on or through the Products has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control, please report the alleged copyright infringements taking place by completing the following DMCA Notice of Alleged Infringement (“Notice“) and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our discretion, as we deem appropriate, including removal of the challenged material from the Products .
You can submit a Notice by:
- Providing the following information to our Designated Copyright Agent:
- 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.
- Identify:
- the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link(s) and/ or content shown on the Products where such material may be found;
- the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link(s) shown on the Products where such reference or link may be found.
- Provide your contact details – mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
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“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
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“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
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- Provide your full legal name and your electronic or physical signature.
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Deliver this Notice, with all items completed, to our Designated Copyright Agent:
Via email: hello@kwakwa.com
Via postal address: Attn: Designated Copyright Agent
Flying Pigs LTD
35 Hamasger Street
Tel Aviv, Israel
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Upon receipt of a valid Notice, our policy is to remove or disable access to any content or material that we believe in good faith is infringing or violating the copyrights or other intellectual property rights of any third party, and to notify the alleged infringer that we have removed or disabled access to such content or material.
We will use our best commercial efforts to remove or disable access to such content, however we cannot guarantee that it will be removed or disabled. In addition, we reserve the right to remove or disable access to any content or material posted, uploaded, published or incorporated in or to the Products by repeated infringers.
What if I received a Notice?
If you receive a Notice it means that certain content that you have uploaded to the Products has been deleted from the Products at the request of the content’s owner or authorized licensee. If you want us to forward the information from the Notice, please email us at hello@kwakwa.com to let us know.
If you believe in good faith that the content was removed in error, you have the option to file a counter-notice (“Counter Notice“) by following the steps below.
You Counter Notice should include all of the following:
- Your name, address, and telephone number.
- DMCA ID printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the Counter Notice).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we are located, and that you will accept service of process from the person who provided the original complaint or an agent of such person.
- Provide your full legal name and your electronic or physical signature.
Please email your Counter Notice to: hello@kwakwa.com
If a proper Counter Notice is received by us, we may send a copy thereof to the original complaining party and inform him/her that that we may replace the removed material or cease disabling access to it in ten (10) business days.
Unless we first receive notice from the copyright owner of the allegedly infringed work(s) or his/her agent that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the referenced material on the Products , we may, in our discretion, replace such material and cease disabling access to it within ten (10) business days or more following receipt of the Notice.
Be truthful
Please note that when you provide us a Notice or a Counter Notice, we are relying on the information that you have provided us. Any person who knowingly misrepresents that the material or activity is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred to the alleged infringer, to any copyright owner, copyright owner’s authorized licensee or to us, who is injured by such misrepresentation.
Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Before submitting a Notice or a Counter Notice, be sure that you are the actual rights’ holder of the content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
Last Revised: March 24, 2024