Intellectual Property Claims Policy
1. Purpose
This Intellectual Property Claims Policy ("Policy") outlines the procedures for reporting and addressing claims of intellectual property infringement related to content or services offered on the Gigrix platform. It aims to protect the rights of intellectual property owners while ensuring a fair process for Users.
2. Definitions
• Intellectual Property: Includes copyrights, trademarks, patents, trade secrets, and any other rights related to intellectual creations.
• Infringing Material: Any content or service on the Gigrix platform that is alleged to violate the intellectual property rights of a third party.
3. Reporting Claims
If you believe that your intellectual property rights have been infringed by a User or content on Gigrix, you must submit a written notice ("Notice") to us at [cc@gigrix.com]. Your Notice must include the following information:
• Identification of the Work: A detailed description of the intellectual property you claim has been infringed, including registration details if applicable (e.g., registration number for copyrighted works).
• Location of the Infringing Material: The specific URL(s) where the infringing material can be found on Gigrix, along with screenshots if applicable.
• Contact Information: Your name, address, telephone number, and email address to facilitate communication regarding the claim.
• Statement of Ownership: A statement affirming that you are the owner of the intellectual property or authorized to act on behalf of the owner. If you are an agent, provide proof of authorization.
• Affidavit of Good Faith: A declaration affirming that you believe in good faith that the use of the material in question is not authorized by the owner, its agent, or the law.
• Signature: Your physical or electronic signature to validate the Notice.
4. Review Process
Upon receiving your Notice, Gigrix will undertake the following steps:
• Initial Assessment: Gigrix will conduct a preliminary review to determine whether the Notice contains sufficient information to identify the claimed infringement.
• Action Taken: If the claim is deemed valid, Gigrix will promptly remove or disable access to the allegedly infringing content. The User responsible for the content will be notified of the removal.
• Notification to User: The User who posted the content will receive a copy of the Notice, along with information regarding the potential consequences of continued infringement.
5. Counter-Notice
If you are a User whose content was removed or disabled due to a claim of infringement, you may submit a counter-notice to Gigrix at [cc@gigrix.com]. Your counter-notice must include:
• Identification of the Material: A detailed description of the material that was removed or to which access was disabled, including the URL(s) where the material was located prior to removal.
• Location of the Material: Specific URL(s) where the material can be accessed.
• Contact Information: Your name, address, telephone number, and email address.
• Statement of Good Faith: A statement under penalty of perjury that you believe in good faith that the material was removed as a result of mistake or misidentification.
• Consent to Jurisdiction: A statement consenting to the jurisdiction of the federal court in [insert jurisdiction], or if outside the U.S., consenting to the jurisdiction of a court where Gigrix is located.
• Signature: Your physical or electronic signature.
6. Reinstatement of Content
If a valid counter-notice is received, Gigrix will take the following steps:
• Forwarding the Counter-Notice: Gigrix will send a copy of the counter-notice to the party who submitted the original Notice of infringement.
• Restoration of Content: Unless the original complainant files an action seeking a court order against the User, the removed content may be restored within 10-14 business days after receiving the counter-notice.
7. Repeat Infringers
Gigrix may terminate the accounts of Users who are determined to be repeat infringers of intellectual property rights. A "repeat infringer" is defined as a User who has had multiple instances of infringement identified and confirmed.
8. Liability Disclaimer
Gigrix shall not be liable for any damages arising from the removal or disabling of access to content as a result of an infringement claim, nor for any actions taken as a result of this Policy.
9. Changes to This Policy
Gigrix reserves the right to modify this Policy at any time. Users will be notified of significant changes via email or through a notice on the Services. Continued use of the Services after changes constitutes acceptance of the new Policy.
10. Contact Information
For questions or concerns regarding this Policy, please contact us at admin@gigrix.com.