IP Infringement and Take Down policy
WWW.MERITMETER.COM (HERINAFTER REFERRED TO AS THE ‘WEBSITE’) CONSIDERS ALL PRODUCT IMAGES, LOGOS, TRADEMARKS AND OTHER MATERIALS ARE PROPERTY OF THEIR RESPECTIVE OWNERS AND THEY ARE TO BE USED FOLLOWING THE FAIR USE CONCEPT OF INTELLECTUAL PROPERTY USE FOR REVIEW AND CRITICISM, AND RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF EVERY USER AND EXPECTS ALL OF ITS USERS TO DO THE SAME.
ALTHOUGH WE MAKE EVERY REASONABLE EFFORT TO PROTECT AND SAFEGUARD THE INTELLECTUAL PROPERTY RIGHTS OF EVERY ENTITY AND REQUIRE ANYONE VISITING, USING, ACCESSING, OR REGISTERING WITH US TO DO THE SAME, GIVEN THAT WE ARE A PLATFORM THAT HAS MINIMAL TO NO CONTROL OVER THE CONTENTS UPLOADED BY THE USERS, IT IS NEARLY IMPOSSIBLE TO PREVENT ALL INFRINGEMENT.
IN SITUATIONS WHERE INFRINGING CONTENT IS UPLOADED ON OUR WEBSITE BY USERS, WE FOLLOW THE FOLLOWING POLICY OF TAKING DOWN SUCH INFRINGING CONTENT BASED ON REQUESTS.
We shall not be liable for any and all damages caused by any content published, third party conversation and/or comments (hereinafter referred to as the ‘Content’) posted on the Website. In the event any of the Content posted on the Website infringes any intellectual property rights or hurts the sentiments, goodwill or reputation of any person or entity (hereinafter referred to as ‘Infringement’), such person or entity may send a written notice of such Infringement (hereinafter referred to as ‘Takedown Notice’) as soon as they become aware of such Infringement.
We being a platform with no control over the content uploaded on our Website, fully abide with intellectual property laws and regulations by responding to any and all written notices of an alleged Infringement submitted to the Website.
In the event of a Take Down Notice, we may, in our sole discretion and upon complete satisfaction of the infringement, may adjust, eliminate or deactivate the access, partially or entirely, to the allegedly infringing material displayed on the Website or within the Website’s area of service. However, any User or Infringed Party visiting, using, accessing or registering with the Website must note that We do not control content hosted on any third party website and cannot remove content from any website.
Procedure for Filling Takedown Notice:
If any Infringed Party believes, in good faith, that any of the Content posted on the Website infringes any of their rights, such Infringed Party shall be required to send a written Takedown notice to firstname.lastname@example.org providing the information mentioned below:
- A physical signature of the person authorized (hereinafter referred to as ‘Authorised Person’) to act on behalf of the Infringed Party;
- A description of the infringing Content that the Authorized Person/ Infringed Party claims has been infringed upon;
- A description of where the infringing Content is located on the site;
- Authorized person’s or Infringed Party’s address, telephone number, and e-mail address;
- A statement that Infringed Party has a good-faith belief that the disputed use is not authorized by the Infringed Party, its agent, or the law;
- A statement by the Infringed Party, made under penalty of perjury, that the above information in the notice is accurate.
The Authorised Person/ Infringed Party shall also send the Takedown Notice with the above mentioned information to the address given below:
2603 - 2 Forest Laneway
Toronto ON M2N 5X7
Once We receive a Takedown Notice, we shall respond to the notice as quickly as possible and make best efforts to resolve the issue expeditiously.
Once the Takedown Notice has been received by Us, We shall work swiftly to evaluate and resolve the issue and will expeditiously alter, modify, eliminate or disable the allegedly infringing Content. We shall also notify the User responsible for submitting or posting the allegedly infringing material and provide them with a copy of the Takedown Notice providing them with an equal opportunity to respond back.
Repeat violations or posting of Content which shall infringe the rights of other User’s or any third party may result in a range of actions, including:
- Removal of listing(s)
- Posting restrictions
- Account suspension
- Dissolution of membership service agreement
As per the Website’s policy, after receiving the written Takedown Notice, We shall alter, eliminate or disable the allegedly infringing Content and notify of such infringing Content to the respective User and shall provide such User with the opportunity to respond back.
If the User objects to the removal of the alleged infringing product listing, the User may submit to Us an appropriate counter-notice to dispute, which shall include the following information:
- The User’s contact information, including name, address, email and telephone number;
- 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 disabled;
- A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Any evidence supporting such claim or supporting User’s ownership of the material;
Upon receipt of such counter-notice, We may resume the User’s listing until We receive a further notice from the Infringed Party that an action has been filed against the User in a court of competent jurisdiction for the alleged Infringement. The listing shall be reinstated if such court decides that the User’s content does not infringe on any third party IP.
We and our Website shall not be held liable for any take down request that we refuse and it is entirely between the User and the infringed party.