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Issuing a takedown notice

Pikaaso takes allegations of intellectual property infringement very seriously and follows the procedure below. For those in the United States, please be aware that Pikaaso regards this procedure as our compliance with the requirements of the Digital Millennium Copyright Act (“DMCA”) and, as such, Pikaaso shall rely on the “safe harbour” provisions of the Act.

In making User Uploaded Content (UUC) available online, Pikaaso acts in good faith. If you are concerned that material on our website infringes your intellectual property rights or those of another and cannot be considered fair dealing or fair use, or contravenes privacy laws, or is obscene or defamatory, please either:

• Use the ‘report abuse’ link on the resource page (the quickest option for registered users), or
• Email us at info@pikaaso.com.

In your message please include the following information:

• Your full legal name (not your company’s name).
• Whether or not you are a registered user with Pikaaso (and if so, your username).
• Your contact details (address, telephone number, email, or any information reasonably sufficient to enable us to contact you about your complaint).
• Identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate the material (including the exact and full URL).
• The reason for your concern (copyright, privacy, data protection, obscenity, defamation, etc.).

If your complaint relates to copyright, you MUST also provide:

• The full legal name or Pikaaso username of the owner of the copyrighted material.
• A statement confirming whether:
  • You are the copyright owner; or
  • Your company or organisation is the copyright owner (explain the basis of your authority); or
  • Another person, company, or organisation (including an entity that is your client) is the copyright owner (explain the basis of your authority).
• Identification of the work (or a representative list of multiple works) claimed to have been infringed.
• A statement of good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
• A statement that the information in your complaint is accurate, and under penalty of perjury, that you are the copyright owner or authorised to act on behalf of the copyright owner.
• Your physical or electronic signature. (If your complaint is made by our ‘report abuse’ form or by email, your electronic signature shall be deemed given by you typing your full legal name as part of the electronic submission.)

Please provide as detailed an explanation for your objection as possible, as this will be provided to the content uploader by way of explanation for your concern.

Please note: The DMCA provides that you may be liable for damages (including costs and lawyer’s fees) if you knowingly misrepresent that UGC is infringing your intellectual property, and you may face adverse legal consequences for making any false claims or bad faith allegations. You may wish to contact a lawyer before making any complaint.

Pikaaso takedown procedure

On receiving a takedown notice, Pikaaso may suspend any User Uploaded Content (UUC) from future download and may withdraw it from public display on the relevant website pending investigation. The Content Dispute Resolution Procedure will take effect if you, the complainant, are a registered user of the Pikaaso website. If you are NOT a registered user of the Pikaaso website, the following actions shall be taken by Pikaaso:

1. Pikaaso will acknowledge receipt of your complaint by email or letter.
2. Although the UUC may remain hidden from public view, Pikaaso will contact the uploader of the User Generated Content concerning the takedown. The uploader will be notified that the material is subject to a complaint, will be informed of the basis of the complaint, and will be asked to take appropriate action (e.g. editing the content to remove copyright-infringing materials).
3. Before allowing the UUC to be restored to full visibility on the Pikaaso website and downloadable again, Pikaaso will contact the complainant and seek their agreement that their concern has been appropriately dealt with. This resolution may mean editing of the UUC by the uploader but, particularly in intellectual property issues, may be resolved by other means between the uploader and complainant.
4. If the uploader and complainant do not reach such agreement, the UUC will remain hidden from public view and unavailable for download. In such circumstances, in accordance with our T&Cs, the uploader may forfeit any anticipated or estimated royalty amount (which Pikaaso may deem void at its sole discretion) relating to such UUC, and Pikaaso may refuse to pay out any amounts relating to such UUC to any person (including the uploader, the complainant, or any third party claiming ownership of the relevant UUC).
5. Pikaaso reserves the right to suspend or close any account in respect of which multiple complaints are received, or which appears to be linked to another account in respect of which a complaint has been received.
6. We will notify you at your registered e-mail address if we receive a DMCA takedown notice regarding content you have uploaded. If you wish to submit a counter-notice in accordance with the procedure set out in the DMCA requesting that the content be restored to the Pikaaso website, you should consider carefully whether you are in fact infringing the complainant’s rights, because for the purposes of any such counter-notice under the DMCA you may be required to provide, among other things:
   • Your name, address, and phone number.
   • Identification of the UUC and its location before it was removed.
   • A statement, under penalty of perjury, that you have a good faith belief that the material was removed by mistake or misidentification.
   • Your consent to local federal court jurisdiction if you are in the United States or, if you are in the UK or overseas, your consent to the jurisdiction of the courts of England and Wales.
   • Your physical or electronic signature.

Please be aware that, as detailed in our T&Cs, Pikaaso reserves the right not to make materials available despite such a counter-notice. This is because the DMCA is not applicable in every jurisdiction in which Pikaaso operates.

Registered users dispute resolution

This is Pikaaso’s preferred process for addressing user concerns about User Uploaded Content (UUC) on Pikaaso resources. The process is designed to be fair and as informal as possible while complying with appropriate laws (e.g. the DMCA). By using our website you agree to use this process to resolve disputes about ownership of intellectual property in all UUC. The stages of the process are as follows:

1. For complaints asserting that the relevant content is defamatory, offensive, libellous, or infringes another person’s intellectual property, Pikaaso will acknowledge receipt of your complaint by email or letter, suspend downloads of the relevant content, and hide it from display on the website. For other types of complaint, Pikaaso may have the right (but no obligation) to consider the merit of the complaint before determining whether to take further action.
2. Pikaaso will share the complaint with the uploader of the relevant UUC, asking them if they accept your complaint.
3. If the uploader does not accept your complaint as valid (e.g. they maintain they own the content or that it is not offensive), both parties will be asked to make written statements of their reasons for believing the UUC is in breach of our T&Cs or otherwise. If the complaint relates to the content being defamatory, offensive, libellous, or infringement of another person’s intellectual property, the uploader must make a statement containing the same information as in the DMCA counter-notice procedure.
4. Both parties shall have 5 days in which to submit their reasons.
5. Pikaaso will share these reasons with the respective parties, inviting both of them to reconsider. Assuming no agreement is possible, a date will be set for consideration of the dispute by a panel of three professionals appointed by Pikaaso. The panel shall meet within two weeks of the expiry of the initial 5-day window. Up until the panel meets either party may submit additional materials.
6. If either party wishes to withdraw their complaint or disagreement (which they may do at any stage), this would be the best point.
7. The panel shall adjudicate on whether the material infringes our terms and conditions, including whether it is offensive, defamatory, obscene, or amounts to unacceptable copying. Their decision will be reduced to writing and provided to both parties. The following actions may then be taken by Pikaaso:
   • Nothing further.
   • The un-hiding of the resource for download.
   • The permanent deletion of the resource.
   • The suspension of an account (in cases of repeated abuse or unreasonable repeated complaints).
   • The closing of an account and ban of a user from our platform (in the worst, repeated cases).
   • The transfer of some or all of the anticipated revenues from a resource to the complainant (in intellectual property infringement cases).
8. If either party remains unhappy with the outcome, they may request Pikaaso reconsider the decision. Please note: this will only be appropriate in cases involving the potential for litigation.