Tradiify Intellectual Property Rights Infringement Takedown Policy
Introduction
Welcome to Tradiify. Our core mission is to enhance lives through education. Through our platform ‘https://www.tradiify.com/’ we facilitate the creation and sharing of educational content on a global basis by anyone in their capacity as Mentor and provide access to such content for learning purposes globally accessible to our users in their capacity as Students. The marketplace model of Tradiify is committed towards respecting and protecting the Intellectual Property Rights.
This Intellectual Property Rights Infringement Takedown Policy outlines the procedures for reporting and addressing trademarks, copyright and other Intellectual Property infringement claims on our learning management system platform. We adhere to the Federal Decree-Law no. (36) of 2021 on Trademarks, Federal Decree-Law No. 38 of 2021 on Copyright and Neighboring Rights and Federal Law No (11) of 2021 on the Regulation and Protection Of Industrial Property Rights as implemented in UAE and Digital Millennium Copyright Act (DMCA) along with other applicable copyright laws to ensure compliance and respect for creators' rights. Use of the platform must always be in accordance with applicable local Laws and Regulations.
Our learning management facilitation model means as an intermediary we are in the process of connecting the Mentors with Students and do not review or edit the content available on the Platform, and further we cannot conclusively determine the legality of the content.
This Policy tackles the procedure which the Platform deploys for the purpose of addressing Intellectual Property Rights takedown notices from content owners and the procedure involved in resolution and removal of infringing data.
Reporting and Review of an IPR Infringement
Reporting of an IPR Infringement
If you believe that a copyrighted work in your favour has been uploaded or made available on Tradiify without your authorization, or a work bearing your Trademark has been uploaded or made available on Tradiify without your authorization, you are requested to submit a written complaint on Tradiify’s designated email support@tradiify.com in the following manner:
Written Notification: Your notice should include the following information: your full legal name, address, contact number, and email address.
Description of the Work: A clear and specific description of the work that you believe has been infringed.
Location of Infringement: The URL(s) or other specific location on Tradiify where the infringing material is located.
Proof of Ownership: Proof of ownership of Copyright or Trademark in favour of owner along with a brief statement of authority by the owner or its agent or authorised representative stating under declaration of penalty of perjury, that the information in the complaint is accurate and I have a bona fide belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law.
Signature: A physical or electronic signature of the copyright or trademark owner or its authorized representative.
Review of Complaint
Consequently, upon receipt of complaint, the Notice and Takedown Procedure is then invoked as follows as per which:
Tradiify will acknowledge and confirm receipt of the complaint within 1-2 business days and make an initial assessment of the complaint;
Review Claim: Evaluate the validity of your claim and determine appropriate actions.
Take Down Action: If the claim is deemed valid, Tradiify will promptly remove or disable access to the infringing material pending an agreed resolution and will duly notify the alleged infringer, hereinafter referred as ‘Contributor’ of the takedown.
Redressal Mechanism
Tradiify will contact the contributor who posted the allegedly infringing material. The contributor will be notified that the material has been temporarily removed owing to a prima facie complaint made by the complainant.
Tradiify will exercise due efforts towards assuaging the concerned complaint in an amicable manner where the complainant and the contributor will be encouraged to resolve the issue swiftly and to the satisfaction of both parties, with the following possible outcomes:
The material is returned back on the website in the original form and unchanged as agreed between complainant and contributor.
The material is replaced on the website with certain changes as agreed between complainant and contributor.
The material is permanently removed from the website.
If the contributor and the complainant are unable to agree a solution, the material will remain unavailable until a time when a resolution has been reached or till a Court of Law renders a decision in favour of contributor.
Counter-Notification
If you believe that your content was removed or disabled by any inaccuracy, error of oversight or misidentification, you may file a counter-notification on Tradiify’s designated email [INSERT EMAIL ID] in the following manner:
Your counter-notification should include: your full legal name, address, contact number, and email address.
Description of the Material: A clear and specific description of the material that was removed or disabled and its location before removal.
Proof of Ownership and bona fide statement: Proof of ownership of Copyright or Trademark in favour of copyright/trademark owner along with a brief statement of authority by the copyright owner or its agent or authorised representative stating under declaration of penalty of perjury, that the information in the complaint is accurate and the complainant has a bona fide belief that the material was removed by mistake or misidentification.
Signature: A physical or electronic signature of the copyright or trademark owner or authorized representative
Consent to Jurisdiction: A statement consenting to the jurisdiction of the Federal Courts at UAE in terms of the location of Tradiify's headquarters.
Consequently, upon receipt of information, the resumption Procedure for the accidental takedown is then invoked as follows as per which:
Tradiify will acknowledge and confirm receipt of the information within 1-2 business days and make an initial assessment;
Review the information: Evaluate the validity of your information and determine appropriate actions.
If the information provided is found to be correct and true, the relevant information under subject will be resumed back on the Tradiify Platform. The decision with respect to Counter Notification will be solely as per discretion of Tradiify and shall be binding as final and conclusive upon the informant.
Joint Ownership of Material protected under IPR laws:
If a number of persons contribute for creating a material protected under copyright or trademark IPR Laws in a way that the share of each one cannot be separated from the other shares, all co-authors shall be considered equal Authors of the protected Work, unless they have mutually agreed in writing. In such scenario, neither one may solely claim ownership or institute action for infringement over the IPR without a prior written agreement among them.
If the co-authoring of each protected material falls under a different type of material in the same category, each one of them shall have the right to utilize the part of his own contribution separately; provided that such action does not affect the utilization of the material for other creators, unless they have mutually agreed in writing. In such scenario, each of the co-creators may institute action when any IPR protected material is infringed.
Copyright or Trademark Violation by Third Party:
In the event, the Platform discovers that a contributor or alleged infringer on a third-party platform has posted material over which Tradiify exercises its Copyright or is owning a Trademark over the material, then Tradiify will be bound by the Copyright and Trademark takedown policy of such third party and will exercise due diligence for protection of its protected Material. However, if in the event such third party does not have an inclusive IPR Infringement Takedown Policy then the present policy will be rendered effective for countering the IPR violation in favour of Tradiify and such third party platform or entity will be bound by the procedure as mentioned in the present IPR Infringement Takedown policy.
Repeat Infringers
Tradiify may, in appropriate circumstances, terminate the accounts of repeat infringers. We reserve the right to terminate accounts or access for users who repeatedly infringe upon Intellectual Property Rights or violate our terms of service. The decision with respect to termination of accounts for repeat infringers will be solely as per discretion of Tradiify and shall be binding as final and conclusive.
Limitation of Liability
Tradiify shall not be liable for any claims, losses, or damages resulting from the removal or disabling of content, or from any actions taken in response to any IPR infringement notice.
Contact Information
For any questions regarding this policy, please contact:
Tradiify Support Team
Email: support@tradiify.com
Phone: +971 58 857 2499
Policy Updates
Tradiify may update this Intellectual Property Rights Infringement Takedown Policy from time to time. We will post any changes on this page and, if appropriate, notify users through other communication channels.
Effective Date: 15th Aug 2024