Intellectual Property Claims

Intellectual Property Claims (Copyright (DMCA), Trademark Infringement)

 

Updated: July, 2023

 

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

 

Crystel Fox.com relies on User Generated Content (UGC) for its content. Please note that Crystel Fox does not actively monitor user-uploaded or created content for potential copyright or other rights infringements. However, if you believe that any of the uploaded content infringes upon your copyright or related exclusive rights, we have a process in place for you to follow. Crystel Fox takes reports of violations seriously and will promptly investigate reported instances. If content is found to be in violation of third-party rights, appropriate action, such as removal or disabling of the content, will be taken.

Top of Form

 

To ensure a prompt and effective review of your report, the copyright infringement notice ("Notice") should contain the following information:

 

1.    Please provide identification of your copyrighted work and specify what aspects are protected under the copyright(s) you are referring to.

 

2.     Please include your copyright certificate(s)/designation(s), indicating whether they are registered or unregistered.

 

3.    Please provide proof of your ownership of the copyrights, which may include the registration number or a copy of the registration certificate.

 

      4. Please provide a brief description of how you believe our user(s) may be infringing upon your copyright(s).

 

5.    Please clearly reference the specific materials you believe are infringing and that you are requesting to be removed. This could include details such as the GIG® url, a link to the deliverable provided to a user, or any other relevant information.

 

6.    Please provide your full name, address, email address, and telephone number.

 

7.    Please include a statement affirming that you genuinely believe the use of the material, as complained of, is not authorized by the copyright owner, its agent, or the law

 

8.    Please include a statement made under penalty of perjury, stating that the information provided in the notice is accurate and that you are either the copyright owner or the owner of an exclusive right that is being infringed, or you are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.

 

9.    Please provide your electronic or physical signature.

 

You can send your Notice to our designated DMCA / Copyright Claims Agent at:

Crystel FoxTechnologies Pvt Ltd.,


Attention: DMCA / Copyright Claims Agent
Crystel FoxTechnologies Pvt Ltd.,

Flat No. 435, Royal Residency,

Nawalgarh Road,

Sikar – 332001,

Rajasthan ,India.

 

Alternatively you can submit the Notice electronically to [email protected]

 


Please be aware that once we receive the copyright infringement Notice, we will share the information with the user who is alleged to have infringed your copyright. They will have an opportunity to respond to the Notice. If sufficient evidence of infringement is provided, we may remove or suspend the reported materials even before receiving the user's response.

In cases where the allegedly infringing user submits a valid counter-notification, asserting their right to post the material, we may notify you before replacing the removed or disabled content.

Throughout this process, we will adhere to the guidelines outlined in 17 U.S.C Section 512 and other relevant laws that govern copyright infringement matters.

 

Failure to meet all the requirements of Section 512(c)(3) of the DMCA could result in your DMCA Notice not being effective.

Please note that knowingly providing false or misleading information regarding copyright infringement on the Website may subject you to liability for damages, including costs and attorneys' fees, as stipulated in Section 512(f) of the DMCA.

 

COUNTER-NOTIFICATION PROCEDURES

 

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our DMCA / Copyright Claims agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially 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 Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the 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.

 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]

 

TRADEMARK INFRINGEMENT

 

Crystel Fox.com relies on User Generated Content (UGC) for its content. Please be aware that Crystel Fox does not actively monitor user-uploaded or created content for potential trademark or other rights infringements. However, if you believe that any of the uploaded content infringes upon your trademark, we have a process in place for you to follow. Crystel Fox takes reports of violations seriously and will promptly investigate reported instances. If content is found to be in violation of third-party trademark rights, appropriate action, such as removal or disabling of the content, will be taken.

To ensure a prompt and effective review of your report, the trademark infringement notice ("TM Notice") should contain the following information:

 

§  Identification of your trademark and the goods/services for which you claim trademark rights

 

§  Your trademark registration certificate and a printout from the pertinent country's trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights.

 

§  A short description of how our user(s) allegedly infringe(s) your trademark(s).

 

§  Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.

 

§  Your complete name, address, email address, and telephone number.

 

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

 

§  A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner.

 

§  Your electronic or physical signature

 

You can send your Notice to:

Crystel Fox International Ltd.
Flat No. 435, Royal Residency,

Nawalgarh Road,

Sikar – 332001, Rajasthan

 

Alternatively you can submit the Notice electronically to [email protected]


Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

 

REPEAT INFRINGERS

 

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