Intellectual Property Claims
Reporting Allegations of Copyright Infringement
Gigred relies on User Generated Content (UGC) for its platform. Gigred does not proactively screen user-uploaded or created content for potential copyright or other rights infringements. Nevertheless, if you suspect that any of the uploaded content infringes upon your copyright or a related exclusive right, you may follow the process outlined below. Gigred investigates reported violations and takes down or disables content found to be infringing on third-party rights.
For us to promptly and effectively review your report on copyright infringement, please ensure that your copyright infringement notice includes the following details:
- Identification of your copyrighted work and what is protected under the copyright you refer to in your notice.
- Type of copyright, such as registered or unregistered, and the certificate /designation related to your copyright in the notice.
- Proof of your ownership of the copyrights, such as the registration number or a copy of the registration certificate, along with your notice.
- A brief description of how you believe our user have allegedly infringed upon your copyright in your notice.
- A clear reference to the materials you allege are infringing upon your copyright and which you are requesting to be removed. This could include the Gig url, a link to the deliverable provided to a user, or any other relevant information.
- Your complete name, address, email address, and telephone number.
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright 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 copyright owner or the owner of an exclusive right that is being infringed or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
- Your electronic or physical signature.
You can send your Notice to our designated DMCA / Copyright Claims Agent electronically to [email protected]
We will inform the user accused of infringing your copyright about the Notice and offer them an opportunity to reply. If there is enough evidence of infringement, we may remove or suspend the reported content even before the user can respond. Conversely, if the accused user submits a valid counter-notification that indicates permission to post the allegedly infringing material, we will inform you and reinstate the previously removed or disabled content. We will follow relevant laws in all instances.
Failure to adhere to all the specifications outlined in Section 512(c)(3) of the DMCA could render your DMCA Notice ineffective. It’s important to note that intentionally providing false information about material or activity on the Website that infringes your copyright may result in legal consequences. Section 512(f) of the DMCA allows for damages, including legal expenses and attorney fees, to be charged against those who knowingly make such misrepresentations.
Counter-Notification Procedures
If you think that content you posted on the site was erroneously removed or disabled due to a misunderstanding or misidentification, you have the option to submit a Counter-Notice to us. You can do so by providing written notification to our DMCA/Copyright Claims Agent (as identified above). Under the DMCA, your Counter-Notice should include the following details:
- 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, email 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 due to 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.
Under the DMCA, we have the authority to reinstate the removed content if the party who submitted the initial DMCA Notice does not take legal action against you within ten business days of receiving your Counter-Notice. It’s important to note that intentionally providing false information about the removed or disabled material or activity on the Website could lead to legal consequences. Section 512(f) of the DMCA allows damages, including attorney fees and legal expenses, to be charged against those who knowingly make such misrepresentations.
Trademark Infringement
Gigred operates through User Generated Content (UGC) and doesn’t perform a prior check on the uploaded or created content for any potential trademark or other rights violations. However, if you suspect any uploaded content breaches your trademark, please adhere to the following procedure. Gigred will investigate reported violations and remove or deactivate any content that is found to infringe third-party trademark rights.
To ensure a prompt and efficient review of your report, please include the following information in your trademark infringement notice (“TM Notice”):
- 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 show the 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) on your trademark(s).
- A 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 the 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 submit the Notice electronically to [email protected].
We will inform the user accused of infringing your trademark about the TM Notice and grant them an opportunity to respond. If there is substantial evidence of infringement, we may remove or suspend the reported content even before receiving a response from the user. However, if the user provides information demonstrating that they have the right to post the allegedly infringing material, we may notify you and restore the removed or disabled content. We will always comply with the relevant laws in such situations.
Repeat Infringers
In suitable cases, we have a policy of deactivating and/or terminating the accounts of users who repeatedly violate intellectual property rights.