DMCA

The terms below have the corresponding meaning as used throughout this document: 

Content refers to the content and material provided on Tabuu.xxx or its related Websites (refer to Tabuu.io) and may be referred to herein as content or material. 

Policies refers to the policies on our website as amended from time to time. 

Privacy Policy refers to this Privacy Policy any other supporting legislation required to be read in conjunction with this policy to ensure the privacy of users on this Website Tabuu.xxx and may be referred to herein as Policy. 

Tabuu means the company that is the operator of Tabuu.xxx and its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns. Our Website(s), and the services available to the Website and the Website provides (“Services”) may contain content and text, software, graphics, data, messages, or any other information, and any other Website content owned, operated, licensed, or controlled by the Company (“Content”). Tabuu may be referred to herein as Company, Us, We, Our. 

Tabuu.xxx refers to this Website being accessed by the User. 
Terms and Conditions refers to these terms and conditions as amended from time to time and may be referred to interchangeably as Agreement. 

User means the individual using the services provided by Tabuu and may be referred to herein as You, Your, user. By using this Website, You certify that You are over eighteen (18) years of age (or such age required by their State or Country if more than 18 years old). 

Website refers to https://tabuu.xxx any predecessor or successor domain or URL, along with any Website published by Us, unless a site is specifically exempt and may be referred to interchangeably as Tabuu.xxx and Site. 

Notwithstanding that We are based outside North America and therefore not governed by U.S. Law, We have reasonably and voluntarily adopted particular policies in an effort to comply with anti-infringement laws such as the Digital Millennium Copyright Act ("DMCA"). The DMCA is a law that limits the liability of service providers from copyright infringement committed by users of their services. 

Tabuu prohibits copyright infringement and will diligently respond to any notice received of alleged copyright infringement that complies with the DMCA or any other applicable act or legislation. Our response to such infringement may include blocking, removing and/or disabling access to the reported content and/or termination of the User’s access to Tabuu.xxx and its related Websites (refer to Tabuu.io for related Websites), subject to the notices received under the DMCA.

 If You consider that content on Tabuu.xxx breaches Your rights under copyright legislation, You may issue a copyright infringement take-down notice (“DMCA Takedown Notice”). The DMCA Takedown Notice must be issued by You as the copyright owner or an authorized agent of Yours and it must comply with the requirements under the DMCA.  Refer to Filing a DMCA Notice below for further details. 

In the event that a DMCA Notice is received and accepted by Us, We will then take reasonable steps to notify the User that uploaded the copyright material of the DMCA Notice received. The User will then have an opportunity to submit a counter notification (“DMCA Counter-Notification”). Refer to DMCA Counter-Notification Procedures below for further details. All notices of alleged copyright infringement will be documented.  

 In addition to the requirements under the DMCA, We require all copyright infringement notices to be received in English. If We receive a notice that fails to comply with this requirement (i.e. notices in foreign languages or characters) We may, in Our absolute discretion, elect to consider the notice as non-compliant and/or defective and disregard its contents. We take copyright infringement seriously and will ensure strict compliance with the DMCA or any other applicable act or legislation. 
LODGING A DMCA TAKEDOWN NOTICE If You submit a DMCA Takedown Notice to Us to remove purported copyright content, You acknowledge that You are commencing a legal process. Any claim of copyright infringement must be legitimate and strictly comply with the DMCA. If We suspect a DMCA Takedown Notice is illicit and/or identifies as a phishing email, We will take the appropriate steps to consult with the User (who lodged the Notice) to ensure its legitimacy. Misuse of the processes under Our Terms and Conditions and the DMCA may result in suspension of Your account and/or further legal consequences at Our discretion.

 In accordance with section 512(c)(3) of the Act, a DMCA Takedown Notice must include the following:-   

  i.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.   

 ii.     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online  site are covered by a single notification, a representative list of such works at that site.  

 iii.     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be  removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
 

 iv.     Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 
  
 v.     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. 

vi.     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. 

Tabuu requires all DMCA Takedown Notices to be issued to (electronic required and physical optional): 

Electronic: [email protected] 

Physical:Tabuu LTD
Post Office Box 6233
Matafele Samoa WS1339

IMPORTANT: The above email and address is for the purposes of service of a DMCA Takedown Notice and copyright matters to Tabuu only. Any other enquiries, letters, attempted service of legal documents (not pertaining to copyright matters) will be denied by Tabuu at this address. Our copyright agent is not authorized to accept or waive service of formal legal documents and any agency relationship beyond that required to receive a valid DMCA Takedown Notice or Counter-Notice, is expressly denied. 

You hereby acknowledge that if You fail to comply with the requirements of section 512(c)(3) of the DMCA, Your DMCA Takedown Notice may be defective and invalid under the Act. 

Any DMCA Takedown Notice or DMCA Counter-Notice that You submit must be truthful and must be submitted under penalty of perjury. In accordance with section 512(f) of the Act, if You knowingly materially misrepresent information regarding purported copyright content or activity on Tabuu.xxx You may be liable for loss and damages including costs and attorney’s fees. Please ensure that You meet all of the legal qualifications before submitting a DMCA Counter-Notice to Us. You may want to seek the advice of legal counsel prior to submitting a DMCA Takedown Notice or a DMCA Counter-Notice. 

If We are required to disable content under copyright infringement, the owners name of the content will be published on Tabuu.xxx in place of the content. The owners name, along with a description of the allegedly infringing content (in place of the actual content) will act as evidence of the DMCA Takedown Notice on public record. You acknowledge that all of the contents of the DMCA Takedown Notice and a copy of the DMCA Takedown Notice (including Your personal details) may be forwarded to the User that uploaded the copyright material. If You submit a DMCA Takedown Notice, You consent to having Your information used in such a way mentioned above. 

DMCA COUNTER-NOTIFICATION PROCEDURES 

A DMCA Counter-Notice is a legal avenue available to Users who consider that their material has been wrongfully removed in response to a DMCA Takedown Notice. If You have received a DMCA Takedown Notice in respect of material that You uploaded to Tabuu.xxx that has since been removed and/or access has been disabled and You believe such action to be a mistake or misidentification, You may lodge a DMCA Counter-Notice with Us. 

A DMCA Counter-Notice must be submitted by the User who originally uploaded the purported infringing content or an agent authorized to act on their behalf. In accordance with section 512(g)(3) of the Act, the DMCA Counter-Notice must substantially include the following:- 

 A. A physical or electronic signature of the subscriber. 

B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 

C. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 

 D. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
 

Tabuu requires all DMCA Counter-Notices to be issued to (electronically required and physical optional):

 Electronic: [email protected] 

Physical:Tabuu LTD
Post Office Box 6233
Matafele Samoa WS1339 

IMPORTANT: The above email and address is for the purposes of service of DMCA Notices and copyright matters to Tabuu only. Any other enquiries, letters, and attempted service of legal documents (not pertaining to copyright matters) will be denied by Tabuu at this address. Our copyright agent is not authorized to accept or waive service of formal legal documents and any agency relationship beyond that required to receive a valid DMCA Takedown Notice or Counter-Notice, is expressly denied.

 You hereby acknowledge that if You fail to comply with the requirements of section 512(g)(3) of the DMCA, Your DMCA Counter-Notice may be defective and invalid under the Act. 
  
Upon receiving a DMCA Counter-Notice, We will forward it to the party who submitted the original DMCA Notice and notify that party that the content may be restored within ten (10) business days, but no later than fourteen (14) business days, from the date that We received the DMCA Counter-Notice. This time frame is not applicable in the event that We receive notice that the user who filed the DMCA Notice has taken further legal proceedings (court action) to restrain the User who originally uploaded the purported infringing content, from engaging in infringing activity related to the content in question.   

Any DMCA Takedown Notice or DMCA Counter-Notice that You submit must be truthful and must be submitted under penalty of perjury. In accordance with section 512(f) of the Act, if You knowingly misrepresent information regarding purported copyright content or activity on Tabuu.xxx You may be liable for loss and damages including costs and attorney’s fees. Please ensure that You meet all of the legal qualifications before submitting a DMCA Counter-Notice to Us. You may want to seek the advice of legal counsel prior to submitting a DMCA Takedown Notice or a DMCA Counter-Notice. 

If We are required to forward a DMCA Counter-Notice, You acknowledge that all the contents of the DMCA Counter- Notice and a copy of the DMCA Counter-Notice (including Your personal details) may be revealed and Your consent is hereby given. Note however that a DMCA Counter-Notice will not be forwarded to any other party than the original claimant or to any officer as required by law that is assisting with the enforcement and protection of Our rights under the DMCA. 

REPEAT INFRINGERS 

In accordance with the DMCA or any other applicable act or legislation, Tabuu has a policy whereby the accounts of Users who are deemed, at Our sole discretion, to be repeat infringers under the DMCA will have their account terminated or disabled. We may also limit access to Tabuu.xxx, and/or terminate or disable the accounts of any Users who infringe any intellectual property rights of others, whether there is any repeat infringement evidence. 

Last Modified: 18 August 2023