Copyright / DMCA

Honest Phones respects copyright. Sellers upload their own listing photographs and text, and they are responsible for having the rights to what they upload. We respond to properly submitted notices under the Digital Millennium Copyright Act (17 U.S.C. §512) by removing or disabling access to the material identified, and we terminate repeat infringers.

Send DMCA notifications to our designated agent. Notices sent to any other address may be delayed or missed.

Email: contact@honestphones.com

Mark copyright notices clearly so they are routed to the agent, and please note this channel is for copyright matters only — general support and other legal notices go to the contact address in the Terms of Service.

To be effective under §512(c)(3), your written notification must include all of the following:

• A physical or electronic signature of the copyright owner, or a person authorized to act on their behalf.
• Identification of the copyrighted work you claim has been infringed — or, if multiple works are covered by a single notice, a representative list of them.
• Identification of the material you claim is infringing and want removed, with enough detail for us to find it — for listing content, the listing URL and which specific photograph or text is yours.
• Your name, mailing address, telephone number, and email address.
• 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.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.

Misrepresentation has consequences. Under §512(f), anyone who knowingly and materially misrepresents that material is infringing may be liable for damages, including costs and attorneys’ fees. If you are unsure whether the use is infringing, get legal advice before sending a notice.

• We remove or disable access to the identified material, which usually means taking the listing down.
• We notify the seller who posted it, forward a copy of the notice, and tell them how to counter-notify.
• We record a strike against the account for the repeat-infringer policy below.

If your listing was removed and you believe that was a mistake or a misidentification, you may send a counter-notification to the agent above. To be effective under §512(g)(3) it must include:

• Your physical or electronic signature.
• Identification of the material that was removed and the location where it appeared before removal.
• A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification.
• Your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the district where your address is (or, if outside the United States, any district in which we may be found), and that you will accept service of process from the person who sent the notice.

If we receive a valid counter-notification, we forward it to the original complainant. Unless they tell us they have filed a court action seeking to restrain the activity, we may restore the material in 10 to 14 business days.

We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe. As a working rule, 3 strikes within 12 months results in termination. A strike is removed if the notice is withdrawn or a counter-notification resolves in the seller’s favour. We may act sooner where the infringement is flagrant — for example, listing photographs lifted wholesale from another seller or a manufacturer.

Copying another seller’s listing photographs is also independently a violation of the Terms of Service, whether or not a DMCA notice is ever filed.

Manufacturer names and model numbers may be used factually to describe a genuine device — that is nominative fair use and it is how any honest listing works. What is not allowed is using a mark to imply an endorsement or affiliation that does not exist, or listing counterfeit goods or counterfeit parts represented as genuine. Report a trademark concern or a counterfeit listing to contact@honestphones.com; counterfeit devices are separately prohibited under our Prohibited & Restricted Items Policy.