Intellectual Property Claims Last update 10 months ago

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


REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT


The information found on Workfyx.com was created entirely by its users. User-uploaded or created content on Workfyx is not screened for infringements of intellectual property or other rights. Follow the steps below, however, if you have reason to suspect that any of the uploaded content infringes on your copyright or a related exclusive right. If content is claimed to be infringing on the rights of a third party, Workfyx will investigate the claim and take down or disable the offending material.


The following information must be included in any notice of alleged copyright infringement ("Notice") in order for us to assess your report in a timely manner and adequately:


  • The specifics of your copyrighted work and the copyright(s) in question should be specified.
  • The number and type of your copyright certificates/designations (registered vs. unregistered, for example)
  • The registration number or a copy of the registration certificate proving that you are the owner of the copyrights.
  • Provide a brief explanation of the alleged infringing behavior of our user(s).
  • Specific identification of the infringing content and instructions for removing it, such as the Global Intellectual Property Group® (GIP®) url, a link to the deliverable delivered to a user, etc.
  • Give me your full name, physical and electronic mail addresses, and phone number.
  • A claim that you have a reasonable suspicion that the copyright holder, its agent, or the law does not permit use of the content in the manner in which you have made the complaint.
  • A declaration under penalty of perjury that you are the owner of the copyright or the owner of the exclusive right that is allegedly being infringed, or that you have the owner's permission to make the complaint on the owner's behalf.
  • The signature (digital or otherwise) of the signer


You can reach our DMCA / Copyright Claims Agent by submiting the Notice electronically to DMCA@workfyx.com or by submitting a ticket to our DMCA / Copyright Claims Agent here.


Please be aware that the user whose content you claim violates your rights will be notified of the Notice and given a chance to reply. We reserve the right to remove or suspend the offending content without waiting for the user to respond in circumstances where adequate evidence of violation has been given. If the person who posted the content that was removed or disabled sends us a suitable counter-notification confirming that the content was lawfully posted, we may notify you and restore the original content. In all such circumstances, we will follow the requirements of Section 512 of Title 17 of the United States Code and any other applicable laws.


In order for your DMCA Notice to be effective, you must follow all of the guidelines outlined in Section 512(c)(3) of the DMCA.


In accordance with Section 512(f) of the DMCA, you may be liable for damages (including costs and lawyers' fees) if you deliberately materially misrepresent that content or behavior on the Website infringes your copyright.


COUNTER-NOTIFICATION PROCEDURES


If you feel that content you uploaded on the site was removed or access to it was disabled due to error or misidentification, you may submit written notification to our DMCA / Copyright Claims agent (described above) in the form of a counter-notification ("Counter-Notice"). The DMCA requires the following to be included in the Counter-Notice:


  • Your signature, either on paper or digitally.
  • The location of the content before it was removed or access was disabled, along with a description of the content that was removed.
  • Sufficient details for us to get in touch with you, such as your name, postal address, telephone number, and e-mail address (if you have one).
  • An affidavit under penalty of perjury from you stating that the content at issue was mistakenly removed or disabled.
  • Your agreement to accept service of process from the person who originally provided the Website with the complaint and that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or for any judicial district in which the Website may be found if you reside outside the United States).


If the person who filed the original DMCA Notice doesn't sue you within ten business days of getting a copy of your Counter-Notice, we can put the content back online under the DMCA. In accordance with Section 512(f) of the DMCA, you may be liable for damages (including costs and attorneys' fees) if you willfully materially misrepresent that content or activity on the Website was removed or disabled due to error or misidentification.


TRADEMARK INFRINGEMENT


The information found on Workfyx.com was created entirely by its users. Workfyx does not monitor user-uploaded or created content for trademark or other rights infringements. Follow the steps below, however, if you have reason to suspect that any of the content that has been uploaded constitutes an infringement of your trademark. When trademark breaches are notified, Workfyx investigates and takes action to delete or disable the offending content.


A trademark infringement notice ("TM Notice") should contain the following information to facilitate a speedy and thorough evaluation of your report:


  • Name your trademark and the products or services to which it applies.
  • A copy of the registration certificate for your trademark, as well as a copy of the trademark office records from the relevant country, evidencing the registration's current status and title. Alternately, a statement that your trademark is unregistered and a judgement from a court establishing your rights would suffice.
  • Please provide a brief explanation of how our user(s) have violated your trademark(s).
  • Specific identification of the infringing content and instructions for removing it, such as the Global
  • Intellectual Property Group® (GIP®) url, a link to the deliverable delivered to a user, etc.
  • Give me your full name, physical and electronic mail addresses, and phone number.
  • A declaration that you have a reasonable suspicion that the trademark owner, its agent, or the law does not permit the content to be used in the manner in which you have filed the complaint.
  • A sworn statement affirming under pain of perjury that the information in the notification is true and that you are the trademark owner or have the owner's permission to file the complaint.
  • The signature (digital or otherwise) of the signer

You can send your Notice electronically to trademarkcomplaints@workfyx.com or by submitting a ticket to our Trademark Complaint representative here.


Please be aware that we will tell the offending user about the TM Notice and provide them a chance to react. We reserve the right to remove or suspend the offending content without waiting for the user to respond in circumstances where adequate evidence of violation has been given. We may alert you and restore the offending content if the user who posted it confirms to us that they have the right to do so by providing us with the relevant information. We will follow the rules of the law at all times.


REPEAT INFRINGERS


We will cancel or suspend access to the service for users who repeatedly violate our terms of service.


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