PINAP INTELLECTUAL PROPERTY INFRINGEMENT POLICY

PINAP INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Gomay Group and Pinap, a product of Gomay Group (“Pinap”, “We”) are committed to protecting the intellectual property of third parties.

Copyright Infringement by Users

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Pinap to Receive Notification of Claimed Infringement is listed at the end of this policy (“Notification Address”).

It is Pinap’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Pinap Application, Web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Notification Address listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Pinap is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the trademark owner;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

B. Once Proper Bona Fide Infringement Notification is Received by the Notification Address:

It is Pinap’s policy:

  1. to remove or disable access to the infringing material;
  2. to notify the content provider, member or user that it has removed or disabled access to the material; and
  3. that repeat offenders will have the infringing material removed from the system and that Pinap will terminate such content provider’s, member’s or user’s access to the service.

 

C. Procedure to Supply a Counter-Notice to the Notification Address:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the content provider, member or user;
  2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Pinap is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Notification Address, Pinap may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Pinap’s discretion.

Please contact Pinap to Receive Notification of Claimed Infringement at the following address: Pinap IP, 1111 Corporate Center Dr, Suite 301, Monterey Park, CA 19754.

 

 

Trademark Infringement by Users

As a courtesy to trademark owners, we are willing to perform a limited investigation of reasonable complaints of trademark infringement.

Procedure for Reporting Trademark Infringements:

To report a claim of trademark infringement, please provide a written communication (by regular mail – not by email) that sets forth the items specified:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the registered trademark that has been allegedly infringed.
  2. (a) List of the trademark(s) at issue; (b) the country/countries in which those trademarks are registered and (c) provide the registration number of the trademark at issue.
  3. Identification of the material that is claimed to be infringing the registered trademark including information regarding the location of the allegedly infringing materials that the trademark owner seeks to have removed, with sufficient detail so that Pinap is capable of finding and verifying its existence.
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address. If you are not the owner of the trademark that has been allegedly infringed, please describe your relationship to the trademark owner.
  5. A statement representing that the trademark(s) at issue was registered and in use prior to the alleged infringement.
  6. A statement detailing why the use of the trademark(s) at issue in the allegedly infringing materials creates consumer confusion as to source, origin, affiliation or endorsement, as opposed to a simple identification of a legitimate locations, product or service or use in a manner that would not be likely to cause confusion.
  7. A statement representing that (a) the trademark owner has done an investigation of the infringement, but has not been able to locate the alleged infringer or (b) the trademark owner has contacted the alleged infringer who has refused to comply with the trademark owner’s requests.
  8. The following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
  9. If sending a written communication, please send to the following address:

Pinap
Attn: IP
1111 Corporate Center Dr., Suite 301
Monterey Park, CA 91754

If Pinap receives all the requested information, it will consider (in its sole discretion) whether to remove the allegedly infringing material. Additionally, in appropriate circumstances (as determined by Pinap in its sole discretion), Pinap will terminate repeat trademark infringers. If you believe a user is a repeat infringer, please follow the instructions above to contact Pinap and provide sufficient information for Pinap to verify that the user is a repeat infringer.

 

By | 2017-10-12T16:40:55+00:00 October 10th, 2017|Pinap|0 Comments

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