Intellectual Property Claims

Effective May 1st 2024

Reporting Claims Of Intellectual Property

Gigred’s features content is primarily generated by users. The platform does not monitor user-uploaded or created content for copyright or other rights violations. If you suspect any uploaded content infringes on your copyright or other exclusive rights, you should follow the procedure outlined below. Gigred reviews reported violations and will remove or disable content that is found to infringe on third-party rights.

If you encounter any intellectual property rights violations on Gigred, please use Gigred’s user-friendly online tools to submit a report with all relevant details. For more information on how to report content on Gigred, click here. Additionally, Gigred offers specific reporting procedures for DMCA notices, counter-notices, and trademark infringement through designated agents, as outlined below.

Reporting Copyright Claims Under The US Digital Millenium Copyright Act (DMCA)

If you are reporting under the U.S. DMCA, you can use the existing online tools or send an infringement notice (“Notice”) directly to Gigred’s designated DMCA agent.

DMCA Notice Requirements

In order to allow us to review your report promptly and effectively, the Notice should include the following:

  • Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to.
  • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered.
  • Proof of your copyright ownership, such as the registration number or a copy of the registration certificate.
  • A short description of how our user(s) allegedly infringe(s) your copyright(s).
  • A clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the gig or job 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 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 submit the Notice electronically to dmca@gigred.com.

Please note that we will share information about your Notice with the user accused of infringing your copyright and allow them to respond. If sufficient proof of infringement is provided, we may remove or suspend the reported materials before receiving the user’s response. If the user submits a valid counter-notice asserting their right to post the material in question, we may notify you and restore the removed or disabled content. In all instances, we will follow the provisions of 17 U.S.C. Section 512 and other applicable laws.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please note that if you knowingly make a false claim that material or activity on the Website infringes your copyright, you may be held liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.

DMCA Counter-Notice Requirements

If you believe that material you posted on the site was mistakenly removed or disabled due to misidentification, you may submit a counter-notice (“Counter-Notice”) by providing written notification to our DMCA Claims agent (listed above). In accordance with the DMCA, the Counter-Notice must include the following information:

  • 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 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 can restore the removed content if the party that submitted the original DMCA Notice does not initiate legal action against you within ten business days of receiving your Counter-Notice. Please note that if you knowingly and materially misrepresent that content or activity was mistakenly removed or disabled, you may be liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.

Reporting Trademark Infringement

Gigred’s content is primarily User Generated Content (UGC). Gigred does not review user-uploaded or created content for potential trademark or other rights violations. However, if you believe any content infringes on your trademark, please follow the process outlined below. Gigred investigates reported violations and will remove or disable content found to be infringing on third-party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

  • 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 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) 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 or job URL, a link to the deliverable provided to a user, etc.
  • Your complete name, postal 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 trademarkcomplaints@gigred.com.

Please note that we will share details of your trademark notice with the user accused of infringement and allow them to respond. If sufficient evidence of infringement is provided, we may remove or suspend the reported content before receiving the user’s response. If the accused user submits information showing they can post the allegedly infringing material, we may inform you and reinstate the removed or disabled content. In all instances, we will comply 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.

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