INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT CLAIMS
hereits.com New Media Pvt Ltd ('HERE ITS') respects the Intellectual Property Rights, including but not limited to patent, copyright, design, trademark, service mark, trade names, data and media (images, illustrations, audio clips, and video clips, among others) ("IP") of others, and prohibits users from uploading, posting, distributing or otherwise transmitting any materials on the Platform, or engaging in any activities on the Platform, which violate the copyrights of others.
Any and all IP that in any manner forms part of and / or belongs to and / or associated with the Platform, shall vest in and exclusively belong to HERE ITS. All other IP on this Platform belongs to their respective owners.
IP on this Platform is solely for your personal and non-commercial use. Any use of the IP for which you receive any remuneration, whether in money or otherwise would be considered to be a commercial use. Further, use of IP in any manner without the prior consent of the respective owner or HERE ITS is prohibited and the same would be considered to be a violation of the Intellectual Property Rights of HERE ITS or of the respective owner. Such violation can lead to termination of your account on this Platform. HERE ITS further reserve its right to take appropriate legal actions against such violation of its IP rights.
Pursuant to Rule 75(1) of the Copyright Rules, 2013 and other applicable enactments /amendments thereto, in order to report any material / work on the Platform that violates the copyrights of others, you must send HERE ITS a written communication that includes substantially the following:
- The description of the work with the adequate information to identify the work
- Details establishing that the complainant is the owner or exclusive licensee of copyright in the work.
- Details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under section 52 or any other act that is permitted under the Copyright Act 1957.
- Details of the location where transient or incidental storage of the work is taking place.
- Details of the person, if known, who is responsible for uploading the work infringing the copyright the copyright of the complaint.
- Undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce orders of the competent court having jurisdiction, within a period of twenty-one days from the date of receipt of the notice.
Insofar as any of these notices are concerned, the final determination of the same shall vest in HERE ITS.
HERE ITS's copyright administrator
The foregoing written communications (i.e., the above-described takedown notice) must be sent to the following agent of HERE ITS:
The Copyright Administrator
hereits.com Surat, Gujrat
HERE ITS suggests that you consult with your Advocate before you file any of the foregoing written communications (i.e., the above-described takedown notices, and the above described counter-notice). Any person who knowingly materially misrepresents that material found on the Platform is infringing, or that material was removed from the Platform by mistake or misidentification, may expose himself / herself to liability.
HERE ITS understands that not everyone is a copyright expert, and that accidents can happen. However, HERE ITS has zero tolerance for wilful and repeat copyright infringers. Therefore, pursuant to a complaint, if HERE ITS determines in its sole discretion that you have wilfully violated the copyrights of others or that you have repeatedly violated the copyrights of others despite prior warning(s), HERE ITS will cancel your account and prohibit you from further accessing and using the Platform. By accessing or using the Platform, you automatically acknowledge and agree that HERE ITS has the right to cancel your account and prohibit you from further accessing and using the Platform, and your continuing access or use of the Platform reaffirms your acknowledgment and agreement in each instance.