Copyright & Other Infringing Content Policy

This Copyright Infringement Policy (“Policy”) is part of and incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the Terms of Service (“Terms of Service”). Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings. This Policy is effective September 21, 2017. Your use of the Site after that date will signify your acceptance of and agreement to the terms of this Policy. To the extent permitted by applicable law, we may modify this Policy without prior notice to you, and any revisions to the Policy will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates. Capitalized terms not defined in this Policy are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.

 

1. Removal of Material for which Copyright Infringement is Claimed.

Workafy respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Workafy with the information specified below in the form of a “Notification of Alleged Infringement.” It is Workafy’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify.

Pursuant to the Section 51 of the Copyright Act, 1957 as amended by the Copyright Amendment Act 2012, Workafy has implemented procedures for receiving written notification of claimed infringement of copyrights, and for processing such claims in accordance with the Copyright Act, 1957. If you believe someone is using the Site or the Site Services to infringe upon your copyrights, please send us a Notice of Infringement Form to Workafy Copyright Infringement Notices at infringementnotice@workafy.com.

Following are the conditions necessary for the same:-

1. Your physical or electronic signature.

2. Identification of the copyrighted work claimed to have been infringed; for example, quote your copyrighted material or identify your trademark and provide a URL or link to where the material is located on the Site, if possible.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

4. Your name, address, telephone number, and email address.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

We may not take action unless your notice strictly complies with the foregoing requirements. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement and fax it to us at the number provided above. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity infringes your Intellectual Property Rights.

In response to your notice, we may remove or disable access to the allegedly infringing material or suspend implicated Accounts. If we remove or disable access to the allegedly infringing material or suspend implicated Accounts, we may notify the owner of the allegedly infringing material so that he or she can provide a counter notification to us.

 

 

2. Removal of Material for which Intellectual Property Infringement (Other than Copyright) is Claimed.

 

If you believe someone is using the Site or Site Services to infringe upon your Intellectual Property Rights (including trademarks, logos, and other rights other than copyrights), please fill out a Notice of Infringement Form, providing substantially the same information as required in Section 1 above, and mail it to Workafy Intellectual Property Infringement Notices.

3. DISPUTE RESOLUTION AND JURISDICTION

Any dispute related to formation, interpretation and performance of this Policy will be solved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is agreed by the Parties. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.

  • Mediation: If there would be any dispute between the parties, the Parties will attempt to resolve the dispute amongst themselves, with the mutual satisfaction of both Parties. If the Parties are unable to resolve the dispute between themselves within the period of thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;

Arbitration: If the Parties are unable to resolve the dispute between them through Mediation, then it will be transferred forward to the Arbitration by a sole arbitrator to be appointed by Workafy. The Arbitration proceedings shall be initiated in consonance with the provisions of the Arbitration and Conciliation (Amendment) Act, 2015. The order passed by the sole arbitrator will be valid and binding on both Parties. The costs of proceedings will be borne by both the Parties, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi, India. The Terms, Policy and any other agreements between the Parties are governed by the laws, rules and regulations of India and it is agreed by the Parties.

4.  Contacting Us

If you wish to report a violation of the Terms of Service (other than a violation of Intellectual Property Rights as described in this Policy), or have questions or need assistance, please contact Customer Support at:

Web Support: http://www.Workafy.com/help

Email: support@Workafy.com