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Intellectual Property Claims

Last Update: July,2020

Intellectual Property Claims

 

OutOfSight Hub (“OutOfSight Hub”, “our”, “us” or “we”) provides these Intellectual Property Claims to inform you of our policies and procedures regarding infringement of proprietary rights by third parties on our website located at www.ooshub.com. These Procedures may be updated from time to time. We will notify you of any material changes by posting the new Procedures on the Site. You are also advised to consult these Procedures regularly for any changes.

 

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

 

Ooshub.com content is based on User Generated Content (UGC). OutOfSight Hub does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. OutOfSight Hub looks into reported violations and may remove or disable access to the allegedly infringing material, shown to be violating third party rights and take such other actions we deem appropriate in our sole discretion.

 

In order to allow us to review your report promptly and effectively, a copyright infringement notice ("Notice") should include the following:

 

  • Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to. Provide a URL or link to where the material is located, if possible.
  • Identify yourself by name. Provide your address, telephone number, and an email address where we can contact you.
  • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered 
  • Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
  • A short description of how our user(s) allegedly infringe(s) your copyright(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed. Provide information reasonably sufficient to enable us to locate it.
  • A statement that you have ‘’good faith to belief that use of the material in the manner described is not authorized by the owner of the exclusive proprietary right, its agent, or the law’’.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
  • Your electronic or physical signature and date the Notice.

 

In response to your Notice, OutOfSight Hub may remove or disable access to the allegedly infringing material, and take such other actions we deem appropriate in our sole discretion. Please bear in mind that you may be liable for damages if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright. If we remove or disable access, we will attempt to contact the poster of the allegedly infringing material so that the poster may provide a counter notification 

 

COUNTER-NOTIFICATION PROCEDURES

 

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by contacting us support@ooshub.com. Counter-Notice must include substantially the following:

  • An 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 access disabled. 
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement:  under penalty of perjury, of good faith that each website, webpage, posting, profile, feedback or other material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service of process from the person (or an agent of that person).

 

TRADEMARK INFRINGEMENT

 

If you believe any of the uploaded content violates your trademark, you should follow the process below. OutOfSight Hub looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice ("TM Notice") should include the following:

  • Identification of your trademark and the goods/services for which you claim trademark rights
  • Your trademark registration certificate and a printout from the pertinent country's trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
  • A short description of how our user(s) allegedly infringe(s) your trademark(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith to belief that use of the material in the manner complained of is unauthorized by the trademark owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark owner or are authorized to make the complaint on behalf of the trademark owner
  • Your electronic or physical signature

You can submit the Notice electronically to: support@ooshub.com

 

REPEAT INFRINGERS

It is our policies in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.