Intellectual Property Infringement Policy (the "IP Infringement Policy")
Last updated: Nov 16, 2021
This IP Infringement Policy is a part of the terms and conditions which are set forth in the One2fan's Platform Terms of Service for the applicable Website on which this IP Infringement Policy is provided or through which you accessed this IP Infringement Policy. Any terms that are not defined in this IP Infringement Policy shall have the meaning given in the Terms of Service. Both the Terms of Service and this IP Infringement Policy, inter alia, other documents promulgated by One2fan are legally binding on all Users.
The definitions in this IP Infringement Policy that are not directly defined in the text of this document, shall be treated with Section 1 "Definitions" of the One2fan Platform Terms of Service at https://One2fan.com/terms.
We take protection of intellectual property, both our own and others, very seriously. We therefore employ multiple measures to prevent intellectual property infringement over our Platform and to promptly end any infringement that might occur. We respect any law protecting intellectual property rights and for the reason that such laws do not have any extraterritorial operation, we promulgate this IP Infringement Policy as a best practice approach allowing to combat intellectual property infringement.
Notwithstanding the review and moderation policy applicable to any User's Content, as a User of One2fan's Platform, you are responsible for the Content you upload and post to the Platform. If you have questions about intellectual property law, including copyright law or trademark law, applicable to use in your particular jurisdiction and/or worldwide, such as questions about whether your Content or your use of another person's name, music, video content or brand infringes or otherwise violates another person's rights, you may want to contact a lawyer. If you are unsure whether the Content you plan to post is infringing or otherwise violating another person's right, you may also want to first seek legal advice before submitting such Content to the Platform.
If you believe that your intellectual property has been copied and posted on the Platform in a way that constitutes intellectual property infringement, please submit a takedown request using our email: [email protected].
If you contact us regarding alleged intellectual property infringement, please be sure to include the following information:
Your counternotice must be a written communication sent and must include substantially the following information:
When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the Content that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 20 (twenty) business days. If, during those 20 (twenty) business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the User from infringing activity relating to the Content on our Website, we will not replace the Content. Otherwise, we may repost the Content at our discretion. However, we retain the right to remove, block access to, or not restore the Content at any time for any reason without any liability to the posting User. In particular, a User who sends a counternotice pursuant to this IP Infringement Policy expressly acknowledges and agrees that we shall not be liable to the User under any circumstances for declining to replace the Content.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY INTELLECTUAL PROPERTY OWNER, OR BY ANY INTELLECTUAL PROPERTY OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Repeat IP Infringement Policy
We have a policy of terminating the Accounts due the repeat infringements. A repeat infringement includes two or more postings for which we receive a notice of infringement under this IP Infringement Policy. Each User agrees that if his or her Account is terminated pursuant to this IP Infringement Policy, the User will not attempt to establish a new Account under any name, real or assumed, and further agrees that if the User violates this restriction by opening a new Account after being terminated pursuant to this IP Infringement Policy, the User shall indemnify and hold us harmless for any and all liability that we may incur therefor.
The definitions in this IP Infringement Policy that are not directly defined in the text of this document, shall be treated with Section 1 "Definitions" of the One2fan Platform Terms of Service at https://One2fan.com/terms.
We take protection of intellectual property, both our own and others, very seriously. We therefore employ multiple measures to prevent intellectual property infringement over our Platform and to promptly end any infringement that might occur. We respect any law protecting intellectual property rights and for the reason that such laws do not have any extraterritorial operation, we promulgate this IP Infringement Policy as a best practice approach allowing to combat intellectual property infringement.
Notwithstanding the review and moderation policy applicable to any User's Content, as a User of One2fan's Platform, you are responsible for the Content you upload and post to the Platform. If you have questions about intellectual property law, including copyright law or trademark law, applicable to use in your particular jurisdiction and/or worldwide, such as questions about whether your Content or your use of another person's name, music, video content or brand infringes or otherwise violates another person's rights, you may want to contact a lawyer. If you are unsure whether the Content you plan to post is infringing or otherwise violating another person's right, you may also want to first seek legal advice before submitting such Content to the Platform.
If you believe that your intellectual property has been copied and posted on the Platform in a way that constitutes intellectual property infringement, please submit a takedown request using our email: [email protected].
If you contact us regarding alleged intellectual property infringement, please be sure to include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- a description of the intellectual property that you claim has been infringed;
- a description of where the Content that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable us to find the alleged infringing Content);
- your contact information, including address, telephone number and email address and the intellectual property owner's identity;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.
Your counternotice must be a written communication sent and must include substantially the following information:
- a physical or electronic signature of the subscriber (you as the User).
- identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled.
- a statement under penalty of perjury that the User has a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled.
- the User's name, address, and telephone number, and a statement that the User consents to the jurisdiction for any court as per choice of the person who provided notification of intellectual property infringement, and that the User will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the Content that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 20 (twenty) business days. If, during those 20 (twenty) business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the User from infringing activity relating to the Content on our Website, we will not replace the Content. Otherwise, we may repost the Content at our discretion. However, we retain the right to remove, block access to, or not restore the Content at any time for any reason without any liability to the posting User. In particular, a User who sends a counternotice pursuant to this IP Infringement Policy expressly acknowledges and agrees that we shall not be liable to the User under any circumstances for declining to replace the Content.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY INTELLECTUAL PROPERTY OWNER, OR BY ANY INTELLECTUAL PROPERTY OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Repeat IP Infringement Policy
We have a policy of terminating the Accounts due the repeat infringements. A repeat infringement includes two or more postings for which we receive a notice of infringement under this IP Infringement Policy. Each User agrees that if his or her Account is terminated pursuant to this IP Infringement Policy, the User will not attempt to establish a new Account under any name, real or assumed, and further agrees that if the User violates this restriction by opening a new Account after being terminated pursuant to this IP Infringement Policy, the User shall indemnify and hold us harmless for any and all liability that we may incur therefor.