COPYRIGHT POLICY 

COMPLAINTS REGARDING CONTENT POSTED ON THE USEVERB PLATFORM

In the UseVerb Member Agreement* a Member agrees, represents and warrants that (1) the Member is either the sole and exclusive owner of all information and Member Content in the Member’s Account, or has all rights, licenses, consents and releases that are necessary to grant to us the rights in such Member Content as contemplated; and (2) neither the Member Content nor the posting, uploading, publication, submission or transmission of Member Content or our use of the Member Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property (IP) rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

UseVerb respects the IP rights of others. While this policy is known as the Copyright Policy (Policy) it includes any breach of IP rights (including copyright, trademarks and patents). We offer a platform that honors everyone’s IP rights and wish to offer a platform that does not violate those rights. To promote these objectives UseVerb provides a process for submitting complaints concerning content posted by our Members. The policy and procedure for the complaints process is set out below.  

Please note that once a person (Complainant) submits a notice of copyright infringement (Complaint), a Complainant acknowledges that he/she agrees to and authorize us to forward the Complaint in its entirety, which may include personal information provided by the Complainant (i.e. name, surname, date of birth, residential address, email address, etc.) to the Member concerned to allow the Member to respond to the Complaint (Response).

In a similar manner, upon a Member providing a Response, the Member acknowledges that he/she agrees to and authorizes us to provide the Response to the Complainant in its entirety. Again, this may include any of the Member’s personal information included in their UseVerb Account or provided in the Response.

It is our policy, in our discretion, to remove Account content where we are able, disable Member access, or terminate Member accounts of Members who infringe or repeatedly infringe on the rights of others, post unlawful content or breach the terms of the Member Agreement.

Please note that any notice, Complaint or Response must be truthful and accurate. Any false notice may give rise to liability. Please note that in some jurisdictions a false complaint or response could attract criminal sanctions.  You may therefore want to seek the advice of legal counsel before submitting a Complaint or Response.

UseVerb does not act as a judge, mediator or arbiter of facts over bona fide Complaints or Responses submitted, and we reserve all our rights with or without notice or reason to any party, to maintain the status quo, remove content, or disable a Member’s Account; to decline to send, or to send a Complaint or a Response to any party.

UseVerb undertakes to not arbitrarily intervene in the rights of any party.

COPYRIGHT COMPLAINT/INFRINGEMENT NOTICE AND RESPONSE PROCESS

• Complaint / Notice of copyright infringement:

If you believe in good faith that your copyright has been infringed, you may submit a Complaint / notice of copyright infringement by providing the following:

• Statement of fact relating to the copyrighted work, ownership and rights of use attached to the copyright;
• A description of the copyrighted work that you claim has been infringed;
• A description specifying the location on our Platform/website of the material that you claim is infringing;
• Your email address and your mailing address and/or telephone number; and
• A sworn statement made and signed by you under the applicable law of the jurisdiction where you reside, that the information in your notice is accurate, and that you have a good faith belief that the disputed use of the relevant claimed copyrighted work is not authorized by the copyright owner, its agent, or the law, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit your notice to us via email by sending to [email protected].

• Response to Complaint / Notice of Copyright Infringement:

If you believe that a Complaint / notice of copyright infringement has been improperly submitted against you, you may submit a Response by providing the following:

• Identification of the material which is the subject of the Complaint / notice of copyright infringement, of the material removed, or to which access has been disabled;
• A sworn statement made and signed by you under the applicable law of the jurisdiction where you reside, that the information in your Response is accurate, that you have a good faith belief that removal or disablement of the material was (or will be) a mistake or that the material was misidentified, or that the information in the notice of copyright infringement is not accurate, setting out the reasons for your response to the Complaint;
• Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the court having jurisdiction over your person or at residential address.
  

CONTACT US

We welcome your feedback and questions on this Policy.  If you wish to contact us about this Policy or have any other questions, please let us know through your Member Settings or via email at [email protected].

(*In this Policy words have the meaning as defined in the Policy, in the UseVerb Member Agreement, or elsewhere in the documents published on the Platform, and finally as may reasonably be inferred from the context in which they are used)

Verb Pty Ltd ABN 81 145 485 034

Last update: 8 June 2023