Copyright Policy

Our Copyright Notice

Last Updated: October 10th, 2022

All materials contained on this site are protected by the United States Copyright Law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of BOOFOLA LLC or in the case of third-party materials, the owner of that content. You may not alter or remove any trademark, copyright, or other notice from copies of the content.

However, you may download material from BOOFOLALLC.com (one machine-readable copy and one print copy per page) for your personal, noncommercial use only.

Links to websites other than those owned by BOOFOLA LLC are offered as a service to the reader. The staff of BOOFOLA LLC was not involved in their production and is not responsible for their content.

Table of Contents

Copyright Infringement Concerns

If you believe that your work has been copied or otherwise made available on any BOOFOLA LLC site, product, or service in a manner that constitutes copyright infringement, you may notify us by contacting us by email or by contacting our designated agent listed below. Please include sufficient information for us to identify the material involved.

By Email: copyright@boofolallc.com

By Phone: +1 (570) 929-0234

By Fax: +1 (570) 917-0234

By Postal Service (snail mail):

BOOFOLA LLC
10 Ramona Park Unit F
Atten: Copyright Infringement
Rochester, NY 14615-3238
United States

If your query is not infringement related, please use the contact information below.

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The United States Digital Millennium Copyright Act Information

Notification Process:

If you are contacting us about material included on a BOOFOLA LLC site, product, or, service at the direction of someone outside of BOOFOLA LLC, please include the information noted below in your notification. Please consult your legal counsel or review the U.S Digital Millennium Copyright Act see 17 U.S.C. Section 512 to confirm these requirements:

  • Your physical or electronic signature.
  • Identification of the copyrighted work claimed to have been infringed.
  • The information which will help us locate the material on our product or service.
  • Your complete contact information, including your name, address, telephone number, and email address.
  • A statement that you have a good faith belief that the 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 you are authorized to act as the owner or on behalf of the owner of an exclusive right that is allegedly infringed.
  • If your notification does not substantially comply with this format, we may be unable to properly analyze and respond.
  • Please remember that knowing misrepresentation that the material or activity is infringing, or that it was removed in error may be liable for damages.
Counter-Notification Process:

If you receive a notice that material you posted to a BOOFOLA LLC site, product, or service is being blocked or removed due to a copyright infringement allegation, you may send us a counter notice explaining why you believe the blocking or removal is in error. Again, please consult your legal counsel or review the U.S Digital Millennium Copyright Act see 17 U.S.C. Section 512 to confirm these requirements.

To be effective, such notice must be in writing and include the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work blocked or removed.
  • The information which will help us locate where the material had appeared on our product or service.
  • Your complete contact information, including your name, address, telephone number, and email address.
  • A statement that you have a good faith belief that removal or blocking of the material was the result of a mistake or misidentification.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you are outside the United States, the judicial district in which we are located, and that you will accept service of process from the person who contacted us regarding the alleged infringement person, or his or her agent.

Please send your notice to the BOOFOLA LLC Copyright Agent at the above-mentioned address.

BOOFOLA LLC | Standing Stronger Together!

More About Copyright:

This section provides some information about copyrights, including how you can protect your own copyrighted works and avoid infringing the copyrights of other people when posting,  as well as how BOOFOLA addresses reports of copyright infringement. If you believe someone is using your copyrighted work without your permission, you can contact us by email (copyright@boofolallc.com).
 
Please note that laws in different countries may vary. For more information on copyright law, you can visit the website of the U.S. Copyright Office or the World Intellectual Property Organization (WIPO). Instagram can’t provide you with legal advice, so you may want to speak with an attorney if you have more questions about copyright.
 
In most countries, copyright is a legal right that protects original works of authorship. Typically, if you create an original work, you have a copyright from the moment you create it.
 
Copyright covers a wide variety of types of works, including:
  • Visual or audiovisual works: videos, movies, TV shows, and broadcasts, video games, paintings, photographs
  • Audio works: songs, musical compositions, sound recordings, spoken word recordings
  • Written works: books, plays, manuscripts, articles, musical scores
 
Please note, only an original work is eligible for copyright protection. To be original enough for copyright protection, a work needs to be created by the author themselves and have some minimal amount of creativity.
Generally, names, titles, slogans, or short phrases aren’t considered to be original enough to qualify for copyright protection. For example, the symbol “+” is likely not subject to copyright, but a painting full of shapes and colors arranged in a unique pattern is likely protected by copyright.
 
Copyright generally doesn’t protect facts or ideas, but it may protect the original words or images that express a fact or idea. This means that you may be able to express the same idea or fact as another author, as long as you don’t copy that author’s way of expressing that idea or fact. For example, a playwright may not be able to copyright the idea of a man waking up to repeat the same day over and over again, but the script for a play or movie expressing that idea could be subject to copyright.
In general, the person who creates an original work owns the copyright. For example, if you create a painting, you likely own the copyright for that painting. Similarly, if you take a photo, you likely own the copyright for that photo.
 
There may be situations where you might think you have a copyright in a creative work, but you may not. For example:
  • If you appear in a photo or video, that doesn’t necessarily mean you have a copyright in that photo or video. (Learn more about what to do if you think a photo or video on Instagram might violate your privacy.)
  • If you take a photograph of a sculpture, that doesn’t mean you have the right to prevent someone else from also taking a photograph of the same sculpture.
  • If you create a work as part of your regular job responsibilities, you might not be the owner of the copyright in that work. Instead, there are circumstances where the law will consider your employer to be the “author” of that work for copyright purposes.
 
If you’re not sure about the extent of your copyright in an original work, you may want to contact an attorney to advise you on your rights.
 
As a copyright owner, you have certain rights under the law. These include the right to stop others from copying or distributing your work, or from creating new works based on your work. Copyright infringement generally occurs when a person engages in one of these activities without the copyright owner’s permission.
 
For example, when someone uploads your photo or video, they make a copy of that photo or video. The same is true if someone uses a song in the soundtrack to a video, even if they paid for a copy of that song on another service.
 
If you own a copyright, you have the right to grant permission to use your copyrighted work, as well as the right to prevent other people from using your copyrighted work without permission.
 
Copyright protection doesn’t last forever. Eventually, a work loses copyright protection and becomes part of the “public domain.” Once a work is in the public domain, it’s freely available for anyone to use.
 
A central purpose of copyright law is to encourage people to make creative works. For this reason, the public domain ensures copyright owners obtain certain rights only for a limited amount of time. This balance between copyright law and the public domain gives the author an incentive to create, but also gives other people the ability to use the work without permission after the copyright expires.
 
There are many factors that determine when a work becomes part of the public domain. Some of these factors include when and where the work was first published, the type of work, and the publisher. For example, the Berne Convention, an international treaty about copyright, states that the copyright for most types of works must last at least 50 years after the author’s death. Countries, however, are free to set longer copyright terms within their own laws.
 
The law in most countries recognizes copyrights as well as trademarks. Copyright law and trademark law serve two different purposes.
 
Copyright is meant to foster creativity and to provide incentives to create original works of authorship for the benefit of the public. Copyright protects original works like photos, videos, movies, and music. It’s also important to note that, in the U.S., the Digital Millennium Copyright Act (DMCA) applies only to copyrights and doesn’t apply to trademarks.
 
Trademark law is meant to prevent consumer harm because it prohibits someone other than the rights owner from using a trademark (for example, a brand’s logo) in a way that may confuse consumers. Trademark law protects brand names, slogans, logos, or other symbols that help consumers identify the source of goods or services.

Fair Use:

Though it’s often difficult to know if a particular use of copyrighted work is a fair use, the law offers some factors you can consider:
  • The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes:
Does the use transform or change the original work by adding new meaning, context, or expression? Using a fashion photograph to discuss the amount of photo editing used in the photograph is more likely to be fair use than simply posting the photograph without comment. Parodies may be fair use if they imitate a work in a way that criticizes or comments on the original work.
 
Is the use commercial or purely personal? Commercial, or for-profit, uses are less likely to be considered fair use.
  • The nature of the copyrighted work:
The use of factual works like maps or databases is more likely to be fair use than the use of highly creative works like poems or science-fiction movies.
 
  • The amount and substance of the portion used in relation to the copyrighted work as a whole:
The use of small portions of a copyrighted work is more likely to be fair use than copying an entire work. But even if only a small portion is used, it is less likely to be fair if that portion used is the most important piece — the “heart” of the work.
 
  • The effect of the use upon the potential market for or value of the copyrighted work:
Will the use replace the original work such that people stop buying or viewing the copyrighted work? If so, this is less likely to be fair use.
To learn more about fair use in the U.S., you can visit the U.S. Copyright Office Fair Use Index.

Exceptions to Copyright:

The application of exceptions and limitations to copyright may vary from country to country. As a general matter, in countries that rely on exceptions and limitations, the use of copyrighted works should not unreasonably harm a rights holder’s interests. In the EU, each Member State must ensure that users are able to rely on the following exceptions when making content available: quotation, criticism, review, caricature, parody, or pastiche. To learn more about copyright law in the EU, you can visit the EUIPO website.
 
It’s possible to infringe on someone else’s copyright, even if you don’t intend to do so. In most cases, you shouldn’t use someone else’s copyrighted work if you don’t have permission.
 
Keep in mind that your use of someone else’s content may infringe on their copyright, even if you:
  • Gave credit to the copyright owner
  • Included a disclaimer that you don’t intend to infringe the copyright
  • Think that the use is a fair use
  • Didn’t intend to profit from it
  • Legally bought or downloaded the content (for example a copy of a DVD or a song from the Internet)
  • Modified the work or added your own original material to it
  • Found the content available on the internet
  • Recorded the content onto your own recording device (for example: from a movie, concert, or sporting event)
  • Saw that others have posted the same content as well
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BOOFOLA LLC Trademark Notice:

BOOFOLA LLC and the Boofola logo are copyrighted and trademarks of BOOFOLA LLC and its affiliated companies.

Our Fair Use Guidelines:

BOOFOLA LLC takes great care in the development and protection of its copyrights and trademarks and reserves all rights of ownership of its copyrights and trademarks. “Fair use” of BOOFOLA LLC copyrights and trademarks, that is, use by a third party without express permission or license, is limited to text-only references to BOOFOLA LLC copyrights and trademarks such as product and service names and excludes BOOFOLA LLC logos. In such references, you must be truthful, must not disparage BOOFOLA LLC, and must not mislead the public. You must be clear and accurate as to the nature of the relationship between BOOFOLA LLC and your company, its products, and its services. You may not use BOOFOLA LLC copyrights and trademarks in a manner that could cause confusion as to BOOFOLA LLC sponsorship, affiliation, or endorsement.

Except as stated above, BOOFOLA LLC copyrights and trademarks may not be used by third parties without express permission. To obtain permission, please contact us.

BOOFOLA’s General Usage:

Proper use of BOOFOLA LLC copyrights and trademarks reinforces their role as brands for our products and services and helps prevent them from becoming generic names that can be used by anyone. Examples of former copyrights and trademarks that became generic terms are “aspirin”, “cellophane”, and “escalator”. By adhering to the following rules, you help protect BOOFOLA LLC’s investment in its copyrights and trademarks:

When a BOOFOLA LLC product is mentioned in communications, ownership by BOOFOLA LLC must be attributed in a footnote either on the page/screen where the BOOFOLA LLC trademark is used or in the legal section of the communication or site in which it is referenced. For example, MyBoofola is a trademark of BOOFOLA LLC or its affiliates.

  1. The first reference in the text to all BOOFOLA LLC product names should be preceded by BOOFOLA LLC and followed by the proper trademark symbol,
    1. The proper symbol for registered product names is ®. Don’t use the registration symbol (®) in connection with marks in countries where our marks have not been registered. Trademark rights vary from country to country,
    2. The proper symbol for copyright is ©. Don’t use the copyright symbol (©) in connection with marks in countries where our marks have not been registered. Copyrights vary from country to country,
    3. The proper symbol for copyright sound recording is ℗. Don’t use the copyright sound recording symbol (℗) in connection with marks in countries where our marks have not been registered. Copyrights for sound recordings vary from country to country,
    4. The proper symbol for product names that are the subject of pending applications or are used in accordance with common law trademark principles is ™.
  2. Do not create any new logos for BOOFOLA LLC or BOOFOLA LLC product names.
  3. Do not incorporate any BOOFOLA LLC product names into your company’s product names.
  4. Do not incorporate any BOOFOLA LLC names into any internet root domains or subdomains owned by your company.
  5. Do not use the BOOFOLA LLC taglines.
  6. Do not connect your company name with BOOFOLA LLC product names.
  7. Alterations of the approved BOOFOLA LLC trademark are not allowed, for example:
    1. Do not change the form or representation of the product name, including misspelling, capitalization, or punctuation.
    2. Do not abbreviate or incorrectly capitalize BOOFOLA LLC copyrights and trademarks. For example, “BOOFOLA LLC” not “TR”.
    3. Do not use the BOOFOLA LLC trademark name for a product or service as a noun or verb, in the possessive form (for example, BOOFOLA LLC’ or BOOFOLA LLC Services’s) or in the plural form unless the trademark itself appears in that form.

Domain Names

Do not use BOOFOLA LLC copyrights and trademarks or potentially confusing variations in your internet domain name. This helps prevent internet users from being confused as to whether you or BOOFOLA LLC is the source of the Web site.

Open Source Software:

Most open source licenses do not grant, and many exclude, a license of trademark rights. Do not assume you can use the name of a source code base in the name of your distribution developed from that code base. Without a license or permission, you may not incorporate BOOFOLA LLC copyrights and trademarks in the name of your distribution or other products that incorporate open-source elements. Truthful statements incorporating a trademark are generally allowed (for example, in the format “MyImplementation, derived from Trademarked ProductName”), but you should check the terms of the license for the original source code or any posted trademark guidelines for the project.

Logos:

For more information regarding the use of BOOFOLA LLC logos, please contact us.

Our Current List of Copyrights and Trademarks:

Below is a current listing of copyrights and trademarks owned by BOOFOLA LLC in the US and other countries. Please note that laws concerning the use and marking of copyrights and trademarks or product names vary by country. Always consult a local attorney for additional guidance.

To the extent a name or logo does not appear on the list does not constitute a waiver of any and all intellectual property rights that BOOFOLA LLC or its affiliates has established in any of its copyrights and trademarks and logos.

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Need to Contact Us for Any Reason?

If you have any questions about these policies, statements, the BOOFOLALLC.com website, BOOFOLA LLC, or for any other reason, please contact us at the information below!

In order to resolve a complaint regarding the BOOFOLALLC.com site or to receive further information regarding the use of the BOOFOLALLC.com site, please contact us.

Our Contact Form: Contact Us 

By Email: policies@boofolallc.com

By Phone: +1 (570) 929-0234

By Fax: +1 (570) 917-0234

By Postal Service (snail mail):

BOOFOLA LLC
10 Ramona Park Unit F
Atten: Policies Dept.
Rochester, NY 14615-3238
United States

For more legal information as it pertains to BOOFOLA LLC or the use of the Site, please see our privacy policy, cookie policy, terms and conditions of use, DMCA notification policy, and copyright and reprint policy.

Need easier access to our complete list of policies? Go to our BOOFOLA Policies Page.

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