DMCA Policy
VallaPOS provides point-of-sale software through our cloud web application at vallapos.com and a downloadable offline desktop edition. Our business customers create and upload their own catalog content, including item names and, in some cases, product images and logos. VallaPOS respects the intellectual property rights of others and expects the businesses that use VallaPOS to do the same. This policy explains how we respond to claims of copyright infringement under the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.
Our respect for intellectual property
It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA, to remove or disable access to infringing material hosted on our cloud service, and, in appropriate circumstances, to terminate the accounts of users who are repeat infringers. Because the offline desktop edition stores catalog data locally on the customer's own device and is not hosted by us, this policy's takedown and restoration procedures apply to content stored on or made accessible through our cloud service.
Submitting a takedown notice
If you believe that content stored on the VallaPOS cloud service infringes a copyright you own or are authorized to enforce, you may submit a written notification of claimed infringement to our Designated Agent. To be effective under § 512(c)(3), your notification must include substantially all of the following:
- Signature. A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
- Identification of the work. Identification of the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notification, a representative list of those works.
- Identification of the infringing material. Identification of the material you claim is infringing and that you want removed or disabled, with information reasonably sufficient to let us locate it — for example, the URL, business or account name, item name, or other specific location within the VallaPOS service.
- Contact information. Your name, mailing address, telephone number, and email address so we can reach you.
- Good-faith statement. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Statement of accuracy and authority. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.
Where to send notices
Send your takedown notice to our DMCA Designated Agent:
- Attn: DMCA Agent
- VallaPOS
- 1942 W Gray St., Unit #115, Houston, TX 77019
- Email: legal@vallahub.com
Using email to legal@vallahub.com is the fastest way to reach us.
What we do when we receive a notice
Upon receiving a notification that substantially complies with § 512(c)(3), we will act expeditiously to remove or disable access to the material identified in the notice. We will take reasonable steps to notify the affected business or user that the material has been removed or disabled, and we will provide them a copy of the takedown notice so they may submit a counter-notification if they believe the removal was in error.
Counter-notification
If you are a VallaPOS user whose content was removed or disabled and you believe this was the result of a mistake or misidentification, you may submit a written counter-notification to our Designated Agent. Under § 512(g)(3), your counter-notification must include substantially all of the following:
- Signature. Your physical or electronic signature.
- Identification of the removed material. Identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled.
- Statement under penalty of perjury. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
- Consent to jurisdiction. Your name, address, and telephone number, and 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 your address is outside the United States, any judicial district in which VallaPOS may be found), and that you will accept service of process from the complainant or its agent.
- Contact information. Contact information sufficient for us and the complainant to reach you.
Restoration timeline
If we receive a valid counter-notification, we will forward it to the party that submitted the original takedown notice. Unless that party notifies us that it has filed a court action seeking to restrain the allegedly infringing activity, we may restore the removed material in not less than 10 and not more than 14 business days after we receive your counter-notification.
Warning about misrepresentations
Under § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees. Do not make false claims. If you are unsure whether material is infringing or whether your use is authorized, consult an attorney before submitting a notice or counter-notification.
Repeat-infringer policy
Consistent with § 512(i), VallaPOS has adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of businesses or users who are repeat infringers. We may also suspend or terminate accounts, remove content, or take other action in our discretion, with or without notice, for conduct we believe infringes the rights of others or violates our Terms of Use.