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Last update: December 2019Property Rights Infringement Policy

Please read this Proprietary Property Rights Infringement policy carefully as it contains important information regarding your legal rights, remedies and other information regarding the business-consumer relationship between Pineatix and you.

Overview

Pineatix supports the protection of intellectual property rights. Whether you are the holder of a trademark, service mark, copyright or other intellectual property, Pineatix is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.


Copyright and Trademark Claims

i. To notify Pineatix that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) for filing a copyright complaint.
ii. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in section (C).


SECTION A - Trademark Claims

A1. If you (the “Complaining Party”) would like to submit a trademark claim for the violation of a mark on which you hold a valid, registered trademark or service mark (registered with IP Australia – Australian Government, or, for foreign marks, registered with the appropriate intellectual property organisation for your country; crate registrations and registrations on the Supplemental Register are not considered valid for these purposes), Pineatix requests that the Complaining Party substantiate such claim emailing the following information to abuse@pineatix.com. The works “Trademark Claim” should appear in the subject line of the email, or at the top of the email. To be considered, a notification of a claimed trademark violation must include the following information:
i. The trademark, service mark, trade dress, name or other indicia of origin (“mark”) that is claimed to be infringed, including any registration identification number or code
ii. The jurisdiction or geographical area to which the mark applies.
iii. The name, post office address, email address and telephone number of the owner of the mark identified above.
iv. The goods and/or services covered by or offered under the mark identified above.
v. The date of first use of the mark identified.
vi. A description of the manner in which the Complaining Party believes its mark is being infringed upon.
vii. Sufficient evidence that the owner of the website that is claimed to be infringing is a Pineatix customer.
viii. The precise location of the infringing mark, such as web address, etc.
ix. Some identification to prove the Complaining Party does own the appropriate rights to the trademark.
x. The good faith certification that, singed under penalty of perjury, stating:
a. The content of the website [identify the website] infringes the rights of another party;
b. The name of such said party;
c. The mark [identify mark] being infringed, and
d. That the use of the content of the website claimed to be infringing at issue is not defensible.

A2. Upon receipt of the appropriate information identified above in Section A1 above, for trademark claims, Pineatix will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Pineatix is investigating the claim, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from the service, notify the agreed infringer it will lock down, restrict or deny access to the service or allegedly infringing material.

A3. If Pineatix concludes that the Complaining Party has raised a legitimate trademark claim it may, at its sole discretion and without any legal obligation to do so, remove the challenged material from the Service or Services it is found on, continue to, or suspend or deactivate and delete the alleged infringer’s Pineatix account. If Pineatix concludes that the Complaining Party has not raised a legitimate claim, Pineatix will restore access to the allegedly infringing material.


SECTION B - Copyright Claims

B1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Pineatix requests that the Complaining Party substantiate such claim by emailing abuse@pineatix.com. The words “Copyright Claim” should appear in the subject line, or at the top of the email. To be considered effective, a notification of a claimer copyright infringement must be provided to Pineatix and it must include the following information:
i. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pineatix to locate the material.
iv. Information reasonably sufficient to permit Pineatix to contact the Complaining Party, such as an address, telephone number, email address and name at which the Complaining Party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

B2. Upon receipt of the appropriate information identified above in Section A1 above, for trademark claims, Pineatix will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Pineatix is investigating the claim, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from the service, notify the agreed infringer it will lock down, restrict or deny access to the service or allegedly infringing material.

B3. If Pineatix concludes that the Complaining Party has raised a legitimate trademark claim it may, at its sole discretion and without any legal obligation to do so, remove the challenged material from the Service or Services it is found on, continue to, or suspend or deactivate and delete the alleged infringer’s Pineatix account. If Pineatix concludes that the Complaining Party has not raised a legitimate claim, Pineatix will restore access to the allegedly infringing material.


SECTION C - Counter Notification Policy

Counter Notification: If you have received a notice of copyright or trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing abuse@pineatix.com or info@pineatix.com and including the following information:
i. An electronic signature of the alleged infringer.
ii. Identification of the material that has been removed or to which h access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of material to be removed or disabled.
iv. The alleged infringer’s name, address, telephone number and email address.


SECTION D - Repeat Infringers

It is Pineatix’s policy to provide for the termination, in appropriate circumstances, of Pineatix customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, tidemarks or any other intellectual property.


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