INTELLECTUAL PROPERTY (IP)POLICY
The Company respects the intellectual property rights of others and committed to offer a platform that has no content that violates such rights of any person. The Company’s End User Agreement mandates that the User Content posted by you be accurate, original, lawful and not in violation of any intellectual property rights of third parties. In order to promote these objectives, the Company provides a process for submission of complaints concerning User Content or any other content posted by the Users, as follows.
The Company may initiate a good faith attempt to forward the written notification, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User about the receipt of notice of an alleged violation of intellectual property or other content violation irrespective of the occurrence of Company’s policy to remove such content or disable access to such content. In addition, the Company may disable and/or terminate the User’s account with the Website, or such groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content, at its own discretion, in appropriate circumstances.
Accordingly, any person who believes that any User Content posted on the Website is infringing on his/her intellectual property rights may send notice to the Company. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. However, please note that any notice submitted must be truthful and must be submitted under penalty of perjury. A false notice may give rise to personal liability. If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Therefore, it is advisable to seek the advice of legal counsel before submitting a notice or a counter-notice. Note: Before you report a claim of copyright infringement, you may want to send a message to the relevant User who you believe may be infringing your copyright. You may be able to resolve the issue without contacting us.
If you prefer to contact us via email or postal mail here is information about how to do so:
Address: VideoKen, Inc., 157 Broadmead st., Princeton, NJ 08540, USA Email: firstname.lastname@example.org
- Notice of Intellectual PropertyInfringement:
The Company requires that the intellectual property owner to provide the following details and the notice should necessarily include the following:
- Your complete contact information (full name, mailing address, and phone number). Note that the Company regularly provides your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the User whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.
- A description of the copyrighted work or trademark that you claim has been infringed.
- A description of the content hosted on our Services that you claim infringes your copyright or trademark.
- Information reasonably sufficient to permit us to locate the material on our Services.
- A declaration that:
- You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
- The information in your claim is accurate; and
- You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
- A declaration that:
- Your electronic signature or physical signature
- Submission of counter notification:
- A counter notification is a legal request for the Company to reinstate a User Content that has been removed for alleged intellectual property infringement. The process may only be pursued in instances where the upload was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, such as fair use. It should not be pursued under any other circumstances.
- If any User’s Content was removed but does not fit the criteria above, you may want to seek a retraction, or simply wait for your strike to expire.
- Please note that when the Company forwards the counter notice, it will include the full text of the counter notice, including any personal information you provide. The claimant may use this information to file a lawsuit against you in order to keep the content from being restored to the Website.
- By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant.Counter notifications must be submitted by the content’s original uploader or an agent authorized to act on their behalf, such as an attorney. After we process your counter notification by forwarding it to the claimant, the claimant has ten(10) business days to provide us with evidence that they have initiated a court action to keep the content down which is a requirement under copyright law.
- If your account has been suspended for multiple copyright violations, the counter notification shall not be accepted by the Company.
- Retract a claim of IP infringement:
- After submitting an intellectual property infringement notification, owner of the content may realize that they've misidentified content or may change their mind about their complaint. When this happens, the Company is glad to honor retractions of copyright claims from the party that originally submitted them.
- Please submit your retraction to the above contact information provided, from the same email address that was used to submit your original claim of infringement, with the subject line mentioned “Request for Retraction” along with the reference ID received while submitting the original complaint. Please note that the Company will only process retractions that are sent from the same email address or domain that submitted the original claim of copyright infringement.If your content was removed or you're a User affected by a copyright claim, you may reach out to the copyright owner directly in search of a retraction.