At DesignFist, we expect our users to respect the intellectual property rights of others. All capitalized terms used in the DesignFist Copyright Policy have the same meaning as defined in the DesignFist Terms of Service, which incorporates this policy by reference into its terms.
1. Discouragement of copyright infringement
We ask users of DesignFist to take care to avoid infringing copyrights of others. If you infringe copyrights of others, Your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.
DesignFist respects the intellectual property rights of others and desires to offer a place which contains no content that violates those rights. Our Terms of Services requires that information posted by Users be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, DesignFist provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures are described and/or referenced in the sections that follow.
Please note that whether or not we disable access to or remove content, DesignFist may make 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 Member that DesignFist has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
2. Recourse for copyright owners: Reporting complaints with a notice
We also provide a mechanism for copyright owners, or those authorized to act on behalf of an owner of a copyright, to report infringing use of their content on DesignFist. In accordance with the Copyright office Government of India, we will respond expeditiously to claims of copyright infringement that are reported to our Copyright Agent. We provide you the requirements of a proper complaint below. For your convenience, the entire text of the Copyright act GOI can be found online at: http://copyright.gov.in/
In order to provide us a complaint notice that complies with the Copyright policy of GOI′s requirements, you should:
1. Provide your contact information, including your mailing address, telephone number, and, if available, an email address.
2. Identify the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered in your Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
3. Provide information reasonably sufficient for us to locate each instance of allegedly infringing material that you are requesting to be removed or disabled. (For example, by providing each URL where the material may be found on DesignFist.)
4. Include the following statements in the body of the Notice:
I declare that I have a good faith belief that the disputed use of the copyrighted material or reference link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I declare that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
5. Include a physical or electronic signature (e.g. typing your printed name)
6. Deliver this Notice, with all items completed to the Designated Copyright Agent for DesignFist, at:
Attn: Copyright Agent
connect@designfist.com
Or
Attn: Copyright Agent
DesignFist.
11, street no. 3
Siraspur, Delhi -110042
3. If there is a copyright complaint against you
If you receive a notice that a posting or portion of Your Content has been removed or suspended due to a copyright complaint, that means that we removed it at the request of a content owner. If you believe the material was removed in error, you have the option to file a counter-notification (the proper format for such counter-notice is defined below). When we receive a proper counter-notification, we will forward it to the party who originally complained about the alleged copyright violation. If we do not receive a notice from the original complainant within 10 business days, stating that the original complainant is seeking a court order to prevent further infringement of the content at issue, we will clear the complaint from your account′s record, and, at our discretion, we may replace the content that was removed.
4. How to file a counter notification
Please note that there are potentially seriously consequences for fraudulent or bad faith submissions of such notifications or counter notifications. Such consequences may be imposed pursuant to the Copyright office GOI. Before submitting a counter-notification, you should be sure that you are the actual rights holder of the content removed or that you have a good faith belief that content was erroneously removed. It is important to make sure that you understand the repercussions of submitting a false counter notification.
A proper counter notification should be sent by replying to the email notice you received, or by sending it to DesignFist′s Copyright Agent as provided above, and it should contain the following:
1. Your name, address, and telephone number.
2. The URLs of the content that was removed or disabled by us (you can copy and paste the link provided in the notification email)
3. The following statements:
I consent to the jurisdiction of NCT District Court for the judicial district in which my address is located, or if my address is outside India, for any judicial district in which DesignFist is located. I will accept service of process from the claimant of copyright of infringement.
I declare, under penalty of perjury, that I have a good faith belief that the content was removed as a result of a mistake or misidentification of the material to be removed or disabled.
4. Your physical or electronic signature (e.g., typing your full name)