HomeAtlas: Copyright Policy
This Copyright Policy applies to the HomeAtlas website, mobile applications and related services (the “Service”), operated by OMNIA VINCULA PTY LTD ACN 700 615 498, trading as HomeAtlas (ABN 28 700 615 498). It forms part of our Terms of Service.
1. What this policy covers
The Service hosts material that users create, upload and import: recipes (including recipes brought in from a web address), photos of projects and reference photos, written descriptions, and comments. Users are responsible for having the rights to what they post; our Terms of Service already require that. We do not pre-screen material for copyright ownership, so we rely on rights holders telling us when something is here without permission.
2. How to send us a copyright notice
The fastest way to reach us is by email at [email protected]. You may also write to us by post at Level 2, 58 Gawler Place, Adelaide SA 5000, Australia.
To be effective, your notice must contain all of the following:
- A physical or electronic signature of the copyright owner, or of a person authorised to act on their behalf;
- Identification of the copyrighted work you claim has been infringed;
- Identification of the material you claim is infringing, with enough detail for us to find it, the full HomeAtlas web address (URL) is the most useful thing you can give us;
- Your contact details: name, postal address, telephone number and email address;
- A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in your notice is accurate, and, under penalty of perjury, that you are the owner or authorised to act on the owner’s behalf.
An incomplete notice may delay our response, and we may come back to you for the missing parts before we can act on it.
3. What we do when we receive a notice
When we receive a notice that appears valid, we:
- review it promptly;
- where the notice is valid, expeditiously remove or disable access to the material;
- notify the user who posted it, telling them what was removed and why; and
- pass on the notice (including the complainant’s details as supplied) where we are required to do so or where it is necessary for the user to be able to respond.
We aim to acknowledge a notice within 5 business days of receiving it. This is a target, not a guarantee.
4. Counter-notices (for the person whose material was removed)
If you believe your material was removed by mistake or misidentification, you may send us a written counter-notice. To be effective, your counter-notice must contain:
- Your physical or electronic signature;
- Identification of the material that was removed, and where it appeared on the Service before removal;
- A statement, under penalty of perjury, of your good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address and telephone number, together with your consent to the jurisdiction of the appropriate court and to accept service of process from the person who sent the notice.
Where the DMCA applies, we may pass a valid counter-notice to the person who sent the original notice and restore the material in 10 to 14 business days of doing so, unless that person tells us they have filed a court action seeking to restrain the activity.
5. Repeat infringers
We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe. In deciding whether termination is appropriate we look at the number and seriousness of the notices, whether they were contested, and whether the user removed the material when asked. We give a warning first where that is reasonable, and terminate where it is not.
6. Misrepresentation warning
Under 17 U.S.C. §512(f), a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake or misidentification, may be liable for damages, including costs and legal fees. Similar consequences exist elsewhere for a false or misleading complaint. Do not send a notice about material you do not own rights in, and if you are unsure whether a use is permitted (for example as fair use or fair dealing), take advice first.
7. Where this policy applies
This policy applies to the Service in each of the markets we serve:
United States
We respond to notices under the DMCA safe-harbour framework (17 U.S.C. §512). Our designated agent’s details are registered with the US Copyright Office and are set out in section 2.
Australia
We act on notices of infringing material as described above, as a matter of practice.
New Zealand
We act on notices of infringing material stored on our service, consistent with sections 92B–92C of the Copyright Act 1994.
Canada
Under the notice-and-notice regime in the Copyright Act, where we receive a compliant notice we forward it to the user who posted the material and keep the required records. Canadian law requires us to forward the notice. A notice must not contain a settlement demand or a request for payment. That is prohibited content under Canadian law, and we will not forward it.
United Kingdom
We rely on the hosting defence for stored content and act expeditiously to remove or disable access to infringing material once we are put on notice.
8. Trade marks and other rights
Complaints about trade mark use, passing off, or other intellectual property rights can be sent to the same address given in section 2. Tell us what the right is, where on HomeAtlas it appears, and how we can contact you.
9. HomeAtlas’s own material
The HomeAtlas name, logo, software, designs and copy are owned by us or our licensors. The licence we grant you to use the Service is set out in our Terms of Service.
10. Contact
Email our designated copyright contact at [email protected]. By post: Level 2, 58 Gawler Place, Adelaide SA 5000, Australia.
For anything that is not a copyright or trade mark complaint, please use our support page instead, so this mailbox stays clear for rights holders.