Copyright Infringement Complaints Policy of the LAVA.TOP platform
Copyright Infringement Complaints Policy of the LAVA.TOP platform
Revision of the document No. 1 dated 01.01.2022
Date of publication of the current version: 25.08.2022
Date of entry into force of the current version: 25.08.2022
1. This document (the "Policy") sets forth the Administration's procedure for reviewing complaints of copyright and/or exclusive rights to intellectual property ("IP") infringement in connection with the posting of Author’s Content at the LAVA.TOP Platform (the "Platform").
3. This Policy applies only to notices of alleged copyright and/or exclusive rights infringement. For any other notices and inquiries, Users must follow the procedure set forth in the Terms of Service.
4. If the copyright holder or its representative discovers on the Platform the Author’s Content, the use whereof by methods available at the Platform violates copyright and/or exclusive rights, the copyright holder or its representative has the right to send to the Administration a notice about the possible violation of copyright and/or exclusive rights ("Notice").
5. The notice is sent in one of the following ways:
- To the Administration's e-mail address [email protected]
- By filling in the web form for notifications of copyright and/or exclusive rights infringement posted on the Platform (if the relevant web form is available in the interface of the Platform).
6. The notice sent to the Administration must contain the following information:
- Name and surname of the applicant;
- Applicant's address;
- E-mail address of the applicant;
- Name, address and contact information of the copyright holder of the IP published at the Platform as Author's Content;
- If the Notice is sent by a representative, an indication that the applicant is acting on behalf of the copyright holder;
- The type and description of the IP allegedly infringed;
- The exact location (Internet address, URL) of the lawfully posted copy of the IP or an indication that the work is not available on the Internet;
- A description of the Author's Content, the use whereof allegedly infringes copyright and/or exclusive rights, as well as a description of the infringement;
- The exact location (Internet address, URL) of the Author's Content, the use of which allegedly violates copyright and/or exclusive rights
7. The notification sent to the email address of the Administration must also contain the following wording:
"By submitting this notice I certify that I have a good faith belief that the use of the material with respect to which the notice is submitted is not authorized by the copyright holder, its agent, or the law. I certify that the information in this notification is accurate and, understanding the potential liability for knowingly providing false information, certify that I am authorized to act on behalf of the copyright holder whose exclusive (copyright) rights are allegedly infringed. I consent to the processing of my personal data contained in this notice by LAVALANE LTD, registered under the laws of the Republic of Cyprus, registration number HE 387079, registered address: Vas. Freiderikis, 20 EL GRECO HOUSE, 1st floor, Flat/Office 104, 1066, Nicosia, Cyprus) for the purpose of processing and handling this notification and I also consent to the disclosure of my personal data to the alleged infringer of copyright and/or exclusive rights to IP."
8. The Notice may be accompanied by scanned copies of documents (information) confirming the owner's rights to the IP. If the IP objects have not been posted on the Internet and/or the date of their posting cannot be reliably determined, submission of these documents is mandatory. Documents confirming rights to the IP may include: certificates (references) on the registration of copyright and/or exclusive rights in the authorized state bodies, licensing agreements with the copyright holders.
9. The evaluation of documents submitted by the applicant in accordance with paragraph 8 of this Policy is performed by the Administration independently and at the discretion of the Administration on a case-by-case basis, the documents have no evidentiary value attached to them in advance.
10. Within five (5) business days from the date of receipt of the Notice, the Administration shall suspend payment of the Author's Fee to the Author in respect of the Author's Content, the posting whereof allegedly violates the rights of third parties to the IP, and shall redirect the Notice to the Author through the Platform.
11. The term for consideration of the Notice by the Author is 5 (five) business days from the moment of its receipt from the Administration. Before the expiry of the specified term, the Author is entitled to submit to the Administration with the use of the Platform or by sending to the Administration's e-mail address, specified in paragraph 5 of the Policy, evidence of the legality of use (posting) of the Author's Content, in respect of which the Notice is sent.
12. If the Author fails to send to the Administration within the period specified in paragraph 11 of the Policy, explanations on the merits of the Notice with the documents confirming the Author's rights to use the Author's Content, the Administration shall remove the disputed Author’s Content and apply liability measures to the Author, as provided for by the Terms of Service.
13. If the Author has sent to the Administration explanations on the merits of the Notice with the attachment of documents confirming the Author's rights to use the Author's Content, the Administration reviews the Notice and within 10 (ten) working days notifies the Author and the Applicant of the result of the review of the Notice.
14. Information about the results of the review of the Notice is sent to the applicant to the email address specified in the Notice, as well as to the Author to the email address specified by the Author when registering on the Platform.
15. If the Administration decides that the use of the Author's Content violates the rights of third parties to the IP, the Administration shall remove the disputed Author's Content and apply the liability measures provided by the Terms of Service to the Author.
16. If the Administration decides that the use of the Author's Content does not violate the rights of third parties to the IP, the Author's Content is marked as "Verified Author" and no further complaints about the violation of copyright and/or exclusive rights in connection with the placement of the relevant Author's Content are subject to consideration.
17. The Administration reserves the right to apply to the bodies of internal affairs, prosecutors or other control and supervisory authorities with a statement to bring the person who sent the Notice to responsibility under the law, if deliberately false information is specified in the Notice.