Notices and Takedown

1. What this page is

1.1. This page explains how anyone can tell WolOS Hub about content they think is illegal or infringes their rights, and what we do then. It is part of the Terms of Use; the definitions in its section 2 apply.

1.2. The hub stores listing text, icons, screenshots and release notes. It does not store the files of the Work: those stay on the publisher's GitHub release, and the hub links to them and records their hash. For the files themselves, you can also write to GitHub. We act on the listing, the index entry and the link.

1.3. For problems that are not about the law (a broken app, rude behaviour), use the report button on the listing, or [email protected] under the Doctrine.

2. Where to send a notice

2.1. Email: [email protected], subject "Notice". This is our designated contact for every notice on this page, including copyright notices and counter-notices under the US Digital Millennium Copyright Act (17 U.S.C. 512):

• Designated contact: Júlia Klee, operator of WolOS Hub
• Email: [email protected]
• Address: São Paulo, Brazil, full address on request
• Legal representative in the EU: to be appointed; until then contact the controller directly at [email protected]

2.2. You may write in English or Portuguese. Notices are free, and you do not need a hub account.

2.3. Notices count only when they reach [email protected], or arrive by the means a law or a court order requires. Notices sent elsewhere, such as to the report button, to a moderator or on GitHub, may not be handled as legal notices.

3. Any illegal content (all countries, and the EU Digital Services Act)

3.1. A notice should contain:

1. why you think the content is illegal, explained clearly enough for us to see it without a detailed legal study;
2. the exact location: the link to the listing or Release, and what part of it (name, text, icon, screenshot, the file it points to);
3. your name and email address (you may leave them out only if the notice is about child sexual abuse material);
4. a statement that you believe in good faith that the information and claims in your notice are accurate and complete.

3.2. We confirm receipt without delay, when you gave an email.

3.3. We look at the notice in a timely, careful and objective way, and decide. We tell you what we decided and how you can ask us to look again. If we used automated means to handle or decide on the notice, we say so.

3.4. If we act on the content, we tell the publisher what we did and why (section 7).

3.5. Our role. We are an intermediary, not a judge, and the content is the publisher's alone (Terms of Use, sections 5.5 and 5.6). We decide at our discretion, on what the notice and the content show, whether to act. An incomplete notice may not count as a notice, but we may still act on it. Acting or not acting on a notice is not a finding that anyone broke the law, and to the extent the law allows, it does not make us liable (Terms of Use, section 15).

3.6. We may send a copy of a notice to the publisher, and record the decision in the public log, without the personal data of the sender, except where section 4.2 or the law says otherwise.

4. Copyright notices (United States, 17 U.S.C. 512)

4.1. A copyright notice must be in writing to our designated contact (section 2) and include:

1. a physical or electronic signature of the copyright owner or a person allowed to act for them;
2. the copyrighted work you say was infringed, or a list of works for many at one site;
3. the material you say is infringing, and enough information for us to find it (the exact link);
4. your contact details: address, phone number and email;
5. a statement that you believe in good faith that the use is not allowed 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 allowed to act for the owner of the exclusive right.

4.2. When a notice is complete, we remove or disable access to the material quickly, and tell the publisher, with a copy of the notice (your contact details may be included, as the law expects, so the publisher can answer you).

4.3. Before you send a notice, think about fair use and other uses the law allows. Under 17 U.S.C. 512(f), a person who knowingly misrepresents that material is infringing, or was removed by mistake, can be liable for damages.

5. Counter-notice (United States)

5.1. If your material was removed because of a copyright notice and you believe it was a mistake or a misidentification, you can send a counter-notice to our designated contact (section 2). It must include:

1. your physical or electronic signature;
2. the material that was removed and where it appeared before;
3. a statement, under penalty of perjury, that you believe in good faith the material was removed or disabled by mistake or misidentification;
4. your name, address and phone number, and a statement that you consent to the jurisdiction of the US federal district court for your address, or, if your address is 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 sent the notice or their agent.

5.2. We send a copy to the person who sent the notice. We put the material back not less than 10 and not more than 14 business days after we receive the counter-notice, unless that person first tells us they filed a court action to stop you.

6. Brazil (Marco Civil da Internet, Lei 12.965/2014)

6.1. Court orders. We comply with a specific Brazilian court order that clearly identifies the content and lets us find it without doubt, within the time it sets.

6.2. Notices without a court order. We act on notices about content that is clearly illegal, as Brazilian law and the decisions of the Supremo Tribunal Federal on article 19 require. Use section 3 to send one. For disputes about honour and reputation alone, a court order may be needed before we remove content.

6.3. Intimate images. If a listing, image or text shows nudity or sexual acts of a private nature of a person without their permission, that person or their legal representative can send a notice (article 21). It must identify the material and show that the notice comes from that person or their representative. We remove it with priority, and at the latest within 24 hours.

6.4. Copyright. Notices about copyright follow section 3 or section 4.

6.5. The publisher's right to know. When we remove content, we tell the person who published it the reasons, with the information they need to defend themselves in court (article 20), unless a law or a court order forbids it. If they ask, we replace removed content with the reason or the court order behind its removal.

7. What we tell the publisher, and how to answer

7.1. When we remove, hide, demote or restrict content, or suspend or close an account, we tell the publisher: what we did, where and for how long; the facts; whether it came from a notice or our own checks (and, only where strictly needed, who sent the notice); whether automated means were used; the rule or law we relied on; and how to ask us to look again.

7.2. The publisher, and the person who sent the notice, can ask us to look again within 6 months, free: answer our message, or write to [email protected]. The Hub Policies, section 8, apply. In the EU, you may also go to a certified out-of-court dispute settlement body, and to court anywhere.

8. Authorities

8.1. Authorities, including EU Member State authorities, the European Commission and the European Board for Digital Services, can reach our single point of contact at [email protected], in English or Portuguese.

8.2. We act on valid orders to act against illegal content or to give information, tell the authority what we did, and tell the person concerned, unless the order says we must not.

8.3. We check that an order is valid and comes from an authority that may give it. We may ask for clarification, and challenge an order we think is unlawful, as the law allows. We may also cooperate with authorities without an order, as section 10.7 of the Terms of Use says.

9. Threats to life or physical integrity

If we learn of information that makes us suspect a crime that threatens someone's life or physical integrity has happened, is happening or is likely, we tell the police or the competent authorities at once, with the information we have.

10. Repeat infringers

10.1. We count a "strike" against an account for each complete copyright notice that we acted on and that was not answered by a valid counter-notice.

10.2. Three strikes within 12 months close the account's access to the hub and withdraw its listings. A strike expires after 12 months. We may close access sooner for clear, wilful or large-scale infringement.

10.3. We apply the same idea to other rights: an account that often publishes clearly illegal content is suspended after a warning, as the Hub Policies, section 9, say.

11. Misuse of notices

11.1. We may stop handling notices from a person who often sends notices that are clearly unfounded, after a warning, for a period that fits the case.

11.2. False notices may be unlawful and may make the sender liable, including under 17 U.S.C. 512(f) in the United States.

12. Trade marks and names

A notice about a trade mark or a look-alike name follows section 3. Tell us which mark, where it is registered or used, and why the listing confuses people. The Trade Mark Policy covers the WolOS marks.

13. General

Sections 14 to 16 (disclaimers, limits, your responsibility), 18 (law and courts) and 21 (general) of the Terms of Use apply to everything on this page, with their protections for consumers. Questions: [email protected].