Copyright & Trademark
This policy explains the meaning of Intellectual Property rights, the importance of respecting Intellectual Property rights and how cases of alleged or actual infringement of Intellectual property rights is handled by Peertopia (PT).
Definition of Terms
Intellectual property rights: This relates to intangible property such as patents, trademarks, copyrights, and trade secrets.
Trademarks/Service mark: This identifies the goods or services of one manufacturer or service provider from the goods or services of other manufacturers or service providers. By way of example logos, slogans and names identifying a good or service.
Copyright: This gives the owner the exclusive right to reproduce, distribute, perform, display, or license his/her work. By way of example written text, photographs, sound recordings and video clips.
Patent: This is the right to exclude others from making, using or selling the invention.
Our Attitude Towards Intellectual Property Rights
Naturally PT takes intellectual property rights seriously because it understands the importance of protecting one’s intellectual property rights. PT has zero tolerance for Intellectual property rights infringement. And it is for this simple reason that it has fashioned out a straightforward process to handle complaints of alleged infringement of intellectual property rights of third-parties on its website.
The Process
If you honestly believe in good faith that any, part or all of your work has been utilized in a particular way on our website that amounts to infringement of your copyright, trademark or service mark, you or your representative may send us a takedown notice requesting that the infringing content be removed, or access to it be blocked. To be valid, your takedown notice must have the following information stated below. If one or any of the information stated below is not included in your take down notice, PT will be unable to act in respect of your allegations.
- Contact information to enable PT to contact you this includes your first and last name and address, phone number and/or email address.
- Identification of the trademarks or copyrighted works that you are alleging is being infringed such as information on the registration number and registration office of the works or trademark.
- Adequate data including the URL address to enable PT to recognise and find the allegedly infringing material such as text or images on its website.
- A statement that you have a good faith belief that the use of the content on PT is not authorized by the owner of the content, its agent or the law;
- A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed content or you are authorized to act on behalf of such owner; and
- A physical or electronic signature of the person submitting the takedown notice.
Report All Alleged Infringement
The most efficient way to submit a written takedown notice is by reporting the infringement to our Team legal@peertopia.com Filing this notice is the fastest method for reporting alleged copyright and/or trademark infringement. You can also mail to:
Peertopia
388 Market St., Suite 1300
San Francisco CA 94111
Removal of Infringing Content
After receiving the takedown notice, the allegations will be verified by the PT team and upon being satisfied that the allegations in the takedown notice is accurate and in truth does infringe on the intellectual property rights of the third-party, PT shall take away or deactivate access to the alleged infringed material and accordingly inform the alleged infringing party. We shall also close the user’s account where it is established that the user is a third offender.
However, where it has not been proven or where the PT team is satisfied that the allegations in the takedown notice does not infringe on the intellectual property rights of the third-party, it shall not take down the alleged infringing material but request for more information from the third-party.
Liability
By submitting a takedown notice, be aware that the information you provide is subject to PT's Privacy Policy. Notwithstanding this, you agree that PT may provide copies of such takedown notice to the alleged infringer, which may include your name, and that the alleged infringer may contact you directly to discuss the allegation.
You will be liable for any damages (including costs and attorneys' fees) incurred by PT or the alleged infringer in the event you knowingly and materially misrepresent that the third-party content is infringing (taking into consideration copyright defenses (such as fair use) and exceptions). If you are unsure whether the material you are reporting is infringing, you should contact an attorney before filing a takedown notice. PT cannot provide you with legal advice as to whether or not you are entitled to file a takedown notice.
Third Party Content
We provide our services and users sell our products to users of PT. Consequently by the nature of services we provide and products we sell, all information, data, text, content, design elements, look and feel, formatting, graphics, images, photographs, and other content relating to tutorials and other services on our website is posted by members of the group and not by PT. Accordingly, PT is not liable for any alleged intellectual property rights infringement and will only take down the content when it is established that there has been an infringement of intellectual property rights of third-parties. Due to the enormity of resources posted on the PT site, PT does not compare contents to ascertain an infringement of intellectual property rights but only acts on takedown notices sent to us.
Please note that PT has provided this policy to you in line with the Digital Millennium Copyright Act and other appropriate laws including International intellectual property laws.