Klicket Trademark & Copyright Policy
Last updated: January 12, 2024
1). Our Policy.
Klicket holds intellectual property rights in high regard. In light of this commitment, we have established a straightforward procedure to address complaints of purported infringement of third-party intellectual property rights on the Klicket platform. This procedure encompasses allegations of infringement pertaining to copyrights (such as written text, photographs, sound recordings, and video clips) and trademarks/servicemarks (including logos, slogans, and names identifying goods or services). Terms in uppercase, not defined in this Agreement, are defined within the Terms of Service. It is important to note that all information, data, textual content, design elements, aesthetics, formatting, graphics, imagery, photographs, videos, music, sounds, and other content associated with an event on the Services are contributed by Organizers, Consumers, or other third parties, and not by Klicket (collectively referred to as "Third Party Content"). This policy elucidates the procedure by which any third party believing that their trademark and/or copyrights are subject to infringement by Third Party Content may request Klicket to remove the allegedly infringing Third Party Content.
2). Removal and Re-Posting of Third Party Content.
2.1 How to Request Removal of Allegedly Infringing Content from Klicket.
Should you, in good faith, believe that any Third Party Content available in connection with the Services on Klicket infringes upon your copyright or trademark rights, you (or your authorized agent) are entitled to submit a takedown notice requesting the removal of said Third Party Content or the blocking of access to it. Your takedown notice must encompass the following particulars for Klicket to take appropriate action:
• Information enabling Klicket to contact you (namely, name and address, telephone number, and/or email address);
• Adequate information to identify the copyrighted works or trademarks allegedly being infringed, including registration numbers and the relevant registration office, if applicable;
• Sufficient details for Klicket to identify and locate the purportedly infringing material, including its internet location (e.g., URL address) and a description of the protected work (e.g., "the photograph used in the event header");
• A declaration affirming that you hold a good faith belief that the utilization of the Third Party Content on Klicket lacks authorization from the owner of the Content, its agent, or is in violation of the law;
• A statement affirming the accuracy of the takedown notice and, under the penalty of perjury, confirming your ownership of the allegedly infringed material or your authorization to act on behalf of the owner; and
• A physical or electronic signature of the individual submitting the takedown notice.
The most efficient method for submitting a written takedown notice is by reporting the infringement to our Content Policy and Moderation team. This is done by emailing admin@klicket.co.uk , serving as our DMCA/Trademark Agent. Please note that upon submitting a takedown notice, the information you provide typically falls under Klicket's Privacy Policy. Additionally, you consent to Klicket's potential sharing of such takedown notices with the alleged infringer, which may include your name. It is worth noting that if you knowingly and materially misrepresent that Third Party Content is infringing (considering copyright defenses like fair use and exceptions), you may be held responsible for any resulting damages, including expenses and legal fees incurred by Klicket or the alleged infringer. If you are uncertain about whether the material you are reporting is infringing, it is advisable to consult with an attorney before filing a takedown notice. Klicket cannot provide legal advice regarding your entitlement to file a takedown notice. Upon receipt of a valid and fully completed takedown notice, identifying an infringement of copyright or trademark rights, Klicket will promptly remove or disable access to the allegedly infringing material and notify the alleged infringing party.
2.2 Requesting Reposting of Non-Infringing Content.
If you hold a genuine belief that material removed or disabled by Klicket, following a notification of alleged infringement of intellectual property rights, involves a misidentification or error, you may submit a counter-notice via email to admin@Klicket.co.uk . A counter-notice must contain the following elements:
2.3 Status of Content after Receiving a Counter-Notice.
Upon receiving a counter-notice in compliance with Section 2.2 above, Klicket will forward a copy of the counter-notice to the sender of the original takedown notice. For a period of ten (10) days following Klicket's receipt of the counter-notice, access to the allegedly infringing material will remain disabled, maintaining the status quo. However, if during this ten (10) day period, the sender of the takedown notice initiates legal action against the alleged infringer for trademark and/or copyright infringement, providing Klicket with a court-stamped copy of the complaint, the allegedly infringing material will remain inaccessible. Conversely, if no legal action is instigated during the ten (10) day period, Klicket will reactivate and grant access to the purportedly infringing material.
2.4 Repeat Infringer Policy.
Klicket upholds a policy concerning repeat infringers, enabling us to deactivate or terminate the accounts of users who persistently post infringing content.
2.5 Notice Address.
Should you prefer not to electronically submit your takedown notice or counter-notice, you may submit it in writing to the following address, which serves as the address of our agent for the Digital Millennium Copyright Act (DMCA) and trademark-related matters: Klicket, Brulimar House Jubilee Road, Middleton, Manchester, M24 2LX, United Kingdom, Attn: Klicket, Legal, DMCA/Trademark Agent.