Copyright and Intellectual Property Policy

hahaboo respects intellectual property rights and expects everyone using hahaboo to do the same. We remove content that infringes copyright or trademark when we receive a valid complaint, and we terminate the accounts of repeat infringers.

We operate a notice-and-takedown process modelled on the United States Digital Millennium Copyright Act and equivalent regimes elsewhere. Using it does not require you to be in the United States.

Consider whether the use might be permitted without your consent. Reposting, quoting, commentary, criticism, parody and transformation can fall under fair use, fair dealing or a similar exception depending on the jurisdiction.

• Is the use transformative, or is it a straight copy?
• How much of your work was used, and was it the most significant part?
• Is the use commercial, or is it commentary and parody?
• Does the use harm the market for your original work?

You may also be able to resolve the issue directly. Many people will credit or remove content when asked. A direct message is often faster than a formal notice.

Send your complaint to copyright@hahaboo.com, or by post to hahaboo, Kathmandu, Bagmati Province, Nepal, marked for the attention of the Copyright Agent. A complete complaint must contain all of the following.

1. A physical or electronic signature of the copyright owner, or of a person authorised to act on their behalf.
2. Identification of the copyrighted work you say has been infringed. If the complaint covers several works, a representative list of them.
3. Identification of the material you say is infringing, with enough detail for us to find it. A direct link to each post, reel, story or comment is the fastest way.
4. Your name, postal address, telephone number and email address.
5. A statement that you believe in good faith that the use is not authorised 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 authorised to act on their behalf.

1. We acknowledge your notice, normally within two business days.
2. If the notice is complete and appears valid, we remove or disable access to the material.
3. We notify the person who posted it, tell them why, and send them a copy of your notice, including your contact details. That is a requirement of the process, so consider using a professional or agent address rather than your home address.
4. We record the removal against that account for the purposes of our repeat-infringer policy.
5. If we receive a valid counter-notice, we forward it to you and may restore the material after 10 to 14 business days unless you tell us you have filed a court action.

If your content was removed and you believe that was a mistake, or that your use is permitted by law, you can file a counter-notice.

Send it to copyright@hahaboo.com containing all of the following.

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location where it appeared before removal.
3. A statement, under penalty of perjury, that you believe in good faith that the material was removed as a result of mistake or misidentification.
4. Your name, postal address, telephone number and email address.
5. A statement that you consent to the jurisdiction of a court in the district of your address, or, if you are outside the United States, of any judicial district in which we may be found, and that you will accept service of process from the person who filed the original complaint.

We forward complete counter-notices to the original complainant. If they do not tell us within 10 to 14 business days that they have filed a court action seeking to restrain the activity, we may restore the material.

Send trademark complaints to copyright@hahaboo.com with:

1. the registered mark, its registration number and the jurisdiction in which it is registered;
2. the goods or services for which it is registered;
3. a link to each item you say infringes, and an explanation of why the use is likely to cause confusion;
4. your contact details and a statement that you are the owner or an authorised agent.

Not every mention of a brand is infringement. Nominative use, comparative reference, commentary and parody are generally permitted. We look at whether the use is likely to confuse people about the source of the content or an affiliation with your brand.

• An account pretending to be you or your brand can be reported from its profile menu, or by writing to support@hahaboo.com.
• We may ask for identity or ownership evidence before acting, to avoid removing a legitimate account.
• Clearly labelled fan, commentary and parody accounts are permitted.
• We may reclaim a username that infringes a trademark, impersonates a person or organisation, or is being held in bad faith.

hahaboo is a hosting provider. We do not select, edit or review content before it is published. Under the DMCA in the United States, the Digital Services Act in the European Union, the Electronic Commerce Regulations in the United Kingdom and equivalent regimes elsewhere, a host is shielded from monetary liability for infringing user content provided it meets certain conditions. We meet them as follows.

No general obligation to monitor

We are not required to monitor all content for infringement, and we do not. Our not having removed something is not a finding that it is non-infringing, and it does not waive any right of the rights holder or any defence available to us.

Liability for false notices

A person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and legal fees, under 17 U.S.C. section 512(f) and equivalent provisions elsewhere. We may pass on the costs of handling a notice we determine was filed in bad faith.

• Each removal following a valid, uncontested complaint is recorded as a strike against the account.
• Accounts that accumulate repeated strikes are terminated.
• A strike is removed if the content is restored after a successful counter-notice, or if we conclude on review that the complaint was invalid.
• Creating a new account to evade a termination is itself a breach of our Terms.
• Filing repeated invalid or bad-faith complaints may result in us declining to process further complaints from that source.