Notice & Takedown
Notice & take down procedure videos, data and content – ByTomorrow
JUMP / ByTomorrow believes in the power of stories and offers its customers a platform to share this story. However, ByTomorrow is committed to ensuring that the platform is safe and enjoyable for everyone. In addition, ByTomorrow wants to help protect (intellectual property) rights of rights holders. Illegal, offensive, inappropriate, infringing or other unlawful videos, data or content therefore have no place on ByTomorrow's platform. Therefore, ByTomorrow applies some rules for the use of the platform and has established this "notice & take down procedure".
The videos, data and content are placed on the platform by clients of ByTomorrow. ByTomorrow is therefore not responsible for them. ByTomorrow does not routinely check whether these videos, data and content are lawful and comply with the terms of its policy. However, if ByTomorrow is made aware of illegality and/or violation of its policy of certain videos, data or content, ByTomorrow reserves the right to promptly remove these videos, data and content without consulting its customer.
Rules for videos, data and content on platform ByTomorrow
To protect the (intellectual property) rights of rights holders and create a safe and enjoyable platform, ByTomorrow has set some important rules for users of the platform. Among other things, users are not allowed to:
1. post videos, data or other content on the platform or make statements via the platform that:
- may contravene laws and regulations, morals or decency;
- may endanger the emotional and physical well-being of third parties, expressly including minors;
- contain pornographic images of sexual acts, nudity, genitals or fetishes or other images for the viewer's sexual gratification;
- contain violent or gory images designed to shock or horrify or encourage others to commit violent acts;
- contain graphic or shocking images showing blood or mutilation;
- promote suicide and self-harm and are intended to shock or arouse disgust;
- contain coarse or obscene language;
- contain (prolonged) swearing, deliberately insulting someone on the basis of intrinsic characteristics and/or belittling, misleading or insulting someone;
- encourage dangerous or illegal activities that could lead to serious physical injury or death;
- incite hatred and/or encourage violence against individuals or groups;
- glorify, promote or assist violent criminal or terrorist organisations;
- contain misinformation, disinformation and unverifiable rumours which, according to generally accepted views of experts and/or authorities in the field, are likely to contribute directly to, inter alia - but not exclusively - 1) a risk of imminent violence or physical harm to people, 2) imminent harm to public health and safety, 3) a risk of interfering with people's ability to participate in electoral processes, and/or 4) which may include manipulated media. In case of ambiguities and/or contradictions in the generally accepted views of experts and/or authorities, ByTomorrow is entitled to assess whether such misinformation, disinformation and/or unverifiable rumours exist;
- disseminate misleading and/or inaccurate medical information that contradicts the medical information of the World Health Organisation (WHO) or local health authorities or that may lead to a significant risk of serious (health) harm (expressly including, but not limited to, information and content on COVID-19);
- are intended to sell firearms, inform third parties about making firearms, ammunition and certain accessories or inform third parties about how to install those accessories;
- are intended to sell certain regulated products and services, including, but not limited to, bank card passwords, stolen credit cards or other financial information, regulated narcotics and other drugs or drugs, organs, weapons, human trafficking
- otherwise be illegal, offensive defamatory, obscene, offensive, racist, profane, inappropriate or unlawful;
- using or via the platform to act defamatory or unlawful towards any person;
- using or via the platform to abuse, harass, threaten, discriminate against, intimidate or impersonate any person;
- create, post and/or send unwanted spam, scam and/or misleading practices using or via the platform;
- using or via the platform to infringe the (intellectual property) rights of rights holders or otherwise violate the rights of any person;
- using or via the platform:
- advertise or promote
- request another user or visitor to buy or sell products or services from third parties;
- to contact other users or visitors for marketing and advertising purposes and/or for other commercial purposes
- promote, market, offer or sell videos, images or other visual content of a third party using or via the platform, unless explicit prior permission has been obtained from the rights holder;
- transfer or sell his/her profile or account from the ByTomorrow platform to a third party or give a third-party access to this profile or account in any other way.
In cases not covered by the aforementioned platform rules, ByTomorrow will decide in its sole and reasonable discretion whether the posting of certain videos, data or content or the making of certain statements via the platform is permissible.
Report unlawful videos, data or content or other violations of platform rules
Do you detect videos, data or content on ByTomorrow's platform that are unlawful and/or in violation of its policies? Or do you observe any other violation of the aforementioned rules? If so, ByTomorrow would like to know as soon as possible so that it can - if necessary - take action about it. You can report such videos, data or content, which would be unlawful and/or in violation of ByTomorrow's policy, to ByTomorrow via:
Once you make a report, ByTomorrow assumes that you:
- you believe in good faith that the videos, data or content violate the aforementioned rules;
- the information in your report and statement is true and correct;
- explain in detail why and which videos, data or content are allegedly unlawful and/or in breach of ByTomorrow's policies;
- does not abuse ByTomorrow's notice & take down procedure.
ByTomorrow reserves the right to take legal action against you in the event of misuse or bad faith use of this notice & take down procedure, including but not limited to claiming damages.
What does ByTomorrow do with your notification?
Upon receipt of a complete and correct notification, ByTomorrow will, in principle, promptly remove the relevant video, data or content, which is unlawful and/or in breach of its policy, subject to ByTomorrow:
- has been able to establish the unlawful or infringing nature of the relevant video, data or content or to establish that it is otherwise in breach of its policy, or;
- if it has reasonable grounds to believe that such video, data or content is unlawful, infringing or contrary to its policies.
If there is reason to do so - at ByTomorrow's discretion - ByTomorrow may temporarily remove the video, data or content in question from the platform, or otherwise keep it unavailable to users and visitors of the platform, in order to (further) investigate your report. For example, in case it has not been able to directly determine the unlawful, infringing or its policy violating nature of the relevant video, data or content on the basis of your report.
Court orders to remove the videos, data or content will be immediately complied with by ByTomorrow.
Without prejudice to the foregoing, ByTomorrow shall in no way be obliged to comply with requests under this notice & takedown procedure. Neither requesters nor third parties can derive any rights from this procedure. ByTomorrow shall be free not to process requests, reject requests or deviate from this procedure. As part of this procedure, ByTomorrow may ask further questions or consult with the requestor or third parties. This procedure does not apply to situations where other obligations apply to ByTomorrow based on legislation and case law.