Definition of Material
Information or data usually form a certain type of indivisible "unit" which is subjected to regulation on its own: separate chords form music; words form a text, bytes form software etc. For the aims of this policy such indivisible "units" of information hereinafter are referred as Materials.
Online Service Provider
LoadJam is an Online Service Provider rendering automatic Services (as set by Art. 2 of the User Agreement). Therefore it does not own, publish or distribute any end-user Materials. Respective end-users do.
User's right to dispose access to Materials
The decisions how to utilize the access end-user Materials are made exclusively by respective end-users.
Absence of index
LoadJam is technically unable to index or search the vast amount of data being processed or stored by the servers of LoadJam.
LoadJam has implemented automated filtering of end-user Materials to avert infringing of the User Agreement and third-party rights. Upon the results of filtering recognized copyrighted and/or infringing Materials shall be withheld from storage and processing. Such automated filtering is considered a supplementary measure and does not guarantee complete and accurate recognition of all infringing Materials. It does not free copyright owner from the duty of identifying own copyrights being infringed.
Any Materials accessible exclusively via private account of a single end-user are private and thus presumed not infringing, unless validly stated otherwise by rightful party.
No authority to make judgment
Without distinct Copyright owner's notification LoadJam has no authority to make judgment whether each user is competent to utilize certain Materials to its servers (e.g. whether such user is the owner of work, or is authorized a proxy of the owner; whether the Materials are uploaded for personal use; whether the copyright has expired; or if such Materials are used under fair use, etc.) Any Materials are considered as consistent with User Agreement unless otherwise notified by Copyright owner or any other authorized person in each particular case.
Availability of end-user Materials
Materials are considered available and unremoved only upon the ability of successful downloading of whole intact files constituting such Materials. Due to technical restrictions LoadJam URLs database may experience lags, which may cause existence of URLs indicating removed or non-existing Materials. Such URLs do not lead to any Materials and download attempts shall be denied by means impressing a relevant error message.
Files are named by user at own discretion for personal convenience. File names may uninformative, as well as human-readable, or supposedly descriptive of the contained Materials. However no Material may be characterized for the file name. Identification and assessing of any Material is only made upon accessing such Material in its entirety regardless of file names.
End-user materials are taken down upon filing a notification of claimed infringement (hereinafter "Takedown notice") which MUST contain FULL information as follows or otherwise it may be rejected:
- The name and location of owner of a copyrighted work(s) and complaining party's authority to represent it;
- Information sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- Description of the copyrighted work claimed to be infringed (name of the work is mandatory), and, if available, URL to work and/or copyright registration number;
- URLs to Material at LoadJam website claimed to be infringing;
- A statement that the complaining party has a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Complaining party's TRUE NAME (as of natural person) to be considered as the digital signature.
Any messages, including Takedown notices are accepted as plain text. Any enclosed attachments are not opened or examined due to security reasons. The attachments shall be processed only if sent on demand of receiving party.
Delivering of Takedown notices
Complaining party is authorized to send its request by any of the means set below. LoadJam is considered informed of the infringement upon its reply to the notification. If no reply is sent within reasonable term, LoadJam advices to use other means of communication, as unanswered Takedown notices are deemed undelivered due to technical reasons (e.g. blocked as SPAM, subject to denial of service, lost due to software error etc.)
Copyright infringement ticket system
LoadJam recommends to file Takedown notices using the integrated copyright infringement ticketing system which provides quick and reliable means of processing notifications. Copyright infringement ticketing system is accessible here.