Infringement Property Policy

 

INTRODUCTION

This document describes the policy and procedures YouMakeIt (“YouMakeIt”, “YMI”, “we”) follows in responding to notifications of alleged copyright infringements on the YMI platform. This policy applies to those who use the YMI platform and/or upload, share and edit files.

All materials and content on the YMI website are copyrighted and protected under relevant copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights, as well as the copyright laws of other countries. Without YMI's express written permission, you may not duplicate, copy, distribute, modify, display, edit, publish, sell, license, transmit, or download any YMI content. All rights not expressly granted herein are reserved by YMI. Users do not acquire ownership rights to any content, document, or other materials viewed through the platform. The publication of information or materials on this platform does not imply a waiver of any rights in those materials. YMI can in no way be held liable for any liabilities, legal claims, obligations, taxes, expenses, or damages if any Intelectual Property rights are breached as a result of the activity on the platform.

INFRINGEMENT POLICY

YMI reserves the right, in its sole discretion, to suspend and/or terminate any user's access to the Service who is found to have infringed on YMI’s or a third party's intellectual property rights, or otherwise violated any intellectual property laws or regulations.

YMI does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. Any complaints of copyright infringement brought to YMI's attention will be investigated. YMI looks into reported violations and removes or disables content shown to be violating Intellectual Property rights. Upon formal notification or due to detection, YMI will take all necessary means, including but not limited to temporary closing or deleting the user’s account to stop illegal sharing of copyrighted material on the platform. We will expeditiously take down or otherwise block access to infringing material whenever it is brought to our attention.

INFRINGEMENT CLAIMS

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want YMI to delete, edit, or disable the material in question, the copyright infringement notice ("Notice") you send to us should include all the following information:

  • Identification of your or the copyrighted work claimed to have been infringed and what is protected under the copyright(s) that you are referring to. If multiple copyrighted works are covered by a single notification, a representative list of such works should be submitted;
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, a link to the deliverable provided to a user, etc.
  • A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate;
  • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
  • A short description of how our user(s) allegedly infringe(s) your copyright(s);
  • Information reasonably sufficient to permit YMI to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Your electronic or physical signature.

You can send your Notice to our designated Legal Agent electronically to [email protected].

Note that we will inform the user who is allegedly infringing on your copyright about the Notice and provide them the opportunity to respond. We may remove or suspend the reported materials before obtaining a response from the user if sufficient proof of infringement is provided. We may notify you and subsequently replace the removed or deactivated material if the purportedly infringing user provides us with a suitable counter-notification stating that it is authorised to post the allegedly infringing material. We will act in compliance with and other applicable legislation in all such circumstances.

It's possible that your Notice won't be effective if you don't follow all the instructions provided.

Please be aware that you may be held accountable for damages (including costs and legal fees) if you deliberately misrepresent that the material or activity on the Website infringes your copyright.

COUNTER-NOTIFICATION PROCEDURES

You may file a counter-notice with us (a "Counter-Notice") by providing written notification to our legal agent at [email protected] if you believe that anything you posted on the site was removed or access to it was disabled by error or misidentification The Counter-Notice must contain all of the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the United Kingdom (or if you reside outside the United Kingdom for the jurisdiction of the relevant country in which the YMI website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

If the person who filed the initial Notice does not bring a court action against you within ten business days of receiving a copy of your Counter-Notice, we reserve the right to restore the removed information. Please be aware that you may be held liable for damages (including costs and legal fees) if you wilfully materially misrepresent that material or activity on the Website was removed or disabled due to a mistake or misidentification.

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.