TakeDown Policy

LAST UPDATED: 12th July 2024

Copyright, Trademarks, and other Intellectual Properties

All rights in the User Content on the Creator’s Page are owned by the respective Creators and the Creators are responsible for all other Content on the Creator’s Page. Graphy is a limited licence holder to make available the same on Platform through the respective Creator’s Page as stated in our Terms of Service. Please read our Terms of Service our Terms of Service to know the exact nature of license and rights Creators grant to Graphy. All Content on Creator’s Page is subject to the Platform Terms (as defined in the Terms of Service), and hence, kindly ensure that the Content on Creator’s Page is only within the parameters as provided in the Platform Terms.

Graphy’s Intellectual Property (as defined in the Terms of Service)on the Platform,including but not limited to, images, graphics, process, images, software made available to you by Graphy, are owned by or licensed to Graphy and subject to copyright and trademark protections and you are prohibited from using the same as your own, without the prior permission of Graphy. For clarity, Graphy’s IP does not include Content on Creator’s Page.

We have implemented the following procedures for receiving written notification of claimed infringements on the Content uploaded on the Platform. If you believe that your intellectual property rights or of any person you are aware of, have been used in a way that gives rise to concerns of infringement, you may either report such Content by writing to us at legal@graphy.com with complete details as required below.

Capitalized terms used but not defined in this Takedown Policy ("Policy") can be found in our Platform Terms.

A. COPYRIGHT COMPLAINTS AND TAKEDOWN POLICY:

  1. Copyrights Complaints: All complaints/ notices of alleged copyright infringements or violations received by Graphy shall be processed, investigated and appropriate actions will be taken in the following manner:

    1. For all Content published by Creator from countries outside India, complaints/notices of alleged copyright infringements or violations received by Graphy shall be dealt with in accordance with the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (“DMCA”) and other applicable intellectual property laws. If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Graphy’s designated copyright agent at legal@graphy.com (Subject line: “DMCA Takedown Request”) which contains the information stated hereinbelow. You may also send the said information by mail to: Graphy Inc., Attention: DMCA Takedown Request, c/o Vistra (Delaware) Ltd, 3500, South Dupont, HWY, Dover, Kent, DE 19901, Delaware, USA.

    2. For all Content published by Creator from India, complaints/ notices of alleged copyright infringements or violations received by Graphy shall be dealt with in accordance with the Indian Copyright Act, 1957 (as amended from time to time). If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Graphy at legal@graphy.com (Subject line: “Copyright: Takedown Request - India”) which contains the information stated hereinbelow. You may also send the said information by mail to: Graphy Labs Private Limited, 11/1, 12/1, Maruthi Infotech Centre, 5 th Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, India.

    3. Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.

    4. To be effective, the notification you send to us must be in writing and contain the following information:

      1. an electronic or physical signature of you or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
      4. Your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    5. Please note that we may send a copy of any infringement claim received to the User who posted the Content that was reported by you as infringing. If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys’/lawyers’ fees.

  2. Counter-Notice: If you believe that any Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in such Content, you may send a written counter-notice containing the following information to Graphy’s designated agent using any of the methods mentioned under ("Copyrights Complaint") section above:

    1. Your physical or electronic signature;

    2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

    3. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

    4. Your name, address, telephone number, and email address, a statement that you consent to the applicable jurisdiction of the courts as per the Terms and Conditions, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    5. If a counter-notice is received by Graphy, then Graphy will send a copy of the counter-notice to the original complaining party informing that person, that it may replace the removed content or cease disabling it in 10 (ten) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 (ten) to 14 (fourteen) business days or more after receipt of the counter-notice, at our sole discretion.

  3. TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

    1. A product or service branded with the Graphy name or logo is a reflection of Graphy.Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.
    2. Further, if you believe that your intellectual property rights (other than copyrights) or that of any person you know have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@graphy.com with a description of the trademark or intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform, and your address, telephone number, and email address.

  4. REPEAT INFRINGER POLICY:

    1. Graphy has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at Graphy’s sole discretion. Graphy may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringes any intellectual property rights of others, whether or not there is any repeat infringement. Further, we reserve the right to remove access to any content that we know, or have reason to know, violates the intellectual property rights of Graphy or other Users.

  5. DESIGNATED COPYRIGHT AGENT:

Legal Department, Graphy
Email ID: legal@graphy.com