Copyright and Intellectual Property Policy
Go To Hear Ltd. (“Company”) policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act is as follows:
It is Company’s policy to:
- block access to or remove material that it believes in good faith to be the intellectual property of a third party (including copyrights, trademarks, trade secrets, etc.) that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users
- remove and discontinue service to repeat offenders. A repeat infringer is a user for whom Go To Hear Ltd. has received more than two notices of claimed infringement or for which Go To Hear Ltd. has had to remove content more than twice. Notwithstanding the preceding sentence, Go To Hear Ltd. reserves the right to immediately terminate the account of any user for infringing activities in Go To Hear Ltd’s sole determination and discretion
Procedure for Reporting Claimed Infringement:
If you believe that material or content residing on or accessible through the Company website or service infringes an intellectual property right that you own or control, please send a notice of claimed infringement to firstname.lastname@example.org
Please note that you will be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that content or an activity is infringing your copyrights.
Your communication must include all of the following items:
- A physical or electronic signature of a person authorised to act on behalf of the owner of the work that has been allegedly infringed.
- Identification of works or materials being infringed.
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Contact information – such as your address, telephone number, and email address where you can be contacted.
- If claiming copyright infringement, the statement “I swear under penalty of perjury that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I believe in good faith that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, its agent, or the law.”
If claiming trademark infringement, the statement “I swear under penalty of perjury that I am the trademark owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I believe in good faith that use of the materials described above as allegedly infringing is not authorised by the intellectual property owner, its agent, or the law.”
Note that a copy of your legal notice will be forwarded to the party responsible for providing the alleged infringing content.
Once Proper Bona Fide Infringement Notification is Received:
It is Company’s policy:
- To remove or disable access to the infringing material.
- To notify the content provider, member or user that it has removed or disabled access to the material.
- That repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.
Procedure to Supply a Counter-Notice:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the owner of the intellectual property, the owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to email@example.com:
- A physical or electronic signature of the content provider, member, or user.
- 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 disabled.
- A statement that the content provider, member, or user believes in good faith that the material was removed or disabled as a result of a mistake or a misidentification of the material.
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.