Copyright & Trademark Policy
We take copyright and trademark laws seriously. We respect the intellectual property rights of others and fully expect that our Users do the same. Thus, we do our utmost to offer a platform that contains no content that violates intellectual property rights.
This Copyright and Trademark Policy, together with our Platform Services Description, User Terms of Service, Cookie Statement, Privacy Policy, Service Level Agreement, Acceptable Use Policy, Security Policy, and Browser/Mobile Support Policy, form a legally binding agreement between you and us. Capitalised words used but not defined here have meanings provided in the User Terms of Service.
Please carefully read all our terms and policies because they affect your rights and obligations under the law. By using the Platform, you confirm that you understand and agree with this Copyright and Trademark Policy and our applicable terms and policies. If you do not agree, you may not use the Platform.
1. Designated Agent
If you believe that one of our users is unfairly using your intellectual property on the Platform, please send a notice of the alleged infringement to us through our designated agent:
Attn: Copyright and Trademark Agent
Level 1/315 Brunswick St, Fortitude Valley, QLD 4006 Australia
Before sending us a notice, you may want to contact the person or organization who posted or used the content you believe infringes your intellectual property rights. You may be able to resolve the issue directly.
Any notice or counter-notice that you submit must be truthful and will be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may want to consider seeking legal counsel before submitting your notice or counter-notice.
2. Notice of Infringement
When providing notice of intellectual property infringement, please provide the following details in writing to the designated agent:
• The full name, address, telephone number, and email address of the intellectual property owner;
• A description of the copyrighted work that you claim is being infringed;
• An identification of the trademark that you claim is being infringed, including the trademark registration number, the country/jurisdiction where the trademark is registered, an identification of the category of goods and/or services covered by your registration, and a link to the registration or copies of your certificate of registration;
• A description specifying the location on our Platform (ideally, a URL to the published content or screenshots of the content) where the material that you claim is infringing is located; or in the case of email or other content delivery mediums, samples of the content being sent;
• Your email address and your mailing address and/or telephone number;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorised to act on the intellectual property owner’s behalf; and
• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• A description of the content on our Platform or sent through our Platform that you claim infringes your trademark, including an explanation of how you believe the content is infringing.
If we receive a notice, we will take reasonable steps to notify the alleged offending user of the complainant’s request.
It will be at our discretion to remove the infringing content or terminate the user account which infringed the intellectual property rights of others.
3. Counter-Notice of Infringement
If you believe that a notice of copyright or trademark infringement has been improperly submitted against you, you may submit a counter-notice. Please provide a written communication to our designated agent which contains the following:
• Identification of your material, and whether it was removed or access to it has been removed;
• A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
• Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of Queensland, Australia; and
• Your electronic or physical signature.
If we receive a counter-notice, we will forward it to the person who sent the original takedown notice.
If the copyright owner sues the alleged infringer within 10 - 14 days from our receipt of the counter-notice, the material will be removed, or remain down if already removed.
However, if no suit is filed, then we will re-activate or allow access to the material.
4. Removal of Content and Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable laws around the world, we have adopted a policy that we will promptly terminate, without notice, the access to the Platform of any user that we have determined to be a "repeat infringer."
A repeat infringer includes, without limitation, a user who we have notified of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Platform more than twice.
We may also at our sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. In addition, we accommodate and do not interfere with standard technical measures used by intellectual property rights owners to protect their materials. Please note that we do not offer refunds to users whose accounts are terminated as a result of repeated infringement of this policy.
