INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT POLICY

Your use of the Website and the services provided therein and thereby is governed by the terms of these ‘Terms of Service’ and the ‘SitePandit Intellectual Property Rights infringement Policy’. It is your responsibility to review the Policy, which is incorporated by reference, and we suggest that you review the Policy and print a copy for yourself. The Policy is posted on the Website and may be updated from time to time without any intimation or prior approval.

The Seller/Service Provider will be responsible to ensure that the services offered by him are in conformity with the prevailing laws and regulations of India. The Seller/Service Provider will be responsible for the direct or indirect consequences of any breach of such law, in addition to any loss occasioned to SitePandit or any third party as a result thereof. The Seller/Service Provider shall also be responsible for and will indemnify the Publisher against any action taken by third parties by reason of any copyright or trademark infringement. The Seller/Service Provider will be responsible for any loss, claim accruing to SitePandit for use, misuse or abuse of any third party’s trademark, trade name or copyright.

Reporting Claims of Copyright Infringement (DMCA)

SitePandit‘s content is based on User Generated Content (UGC). SitePandit 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. SitePandit looks into reported violations and removes or disables content shown to be violating third party rights.

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

  • Identification of your copyright work and what is protected under the copyright(s) that you are referring to.
  • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered.
  • Proof of your copyrights ownership
  • 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, for example, the task® url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright 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 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.

You can send your Notice at:

Kijag Infosystem Pvt Ltd. 2nd Floor, #21, 3rd Main Road, Amarjyothi Layout , Sanjay Nagar, Bengaluru- 560094, Karnataka

Alternatively you can submit the Notice electronically to email id: support@sitepandit.com

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

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 submitting written notification. The Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • 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 by you that you have a good faith belief that the 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 Sole Arbitrator, Pawan Choudhary & Associates, as has been appointed by SitePandit and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees). 

Trademark Infringement

SitePandit content is based on User Generated Content (UGC). SitePandit does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. SitePandit 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, for example, the Task® url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized 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 or are authorized to make the complaint on behalf of the trademark owner.
  • Your electronic or physical signature.

You can send your Notice at:

Kijag InfosystemPvt Ltd. 2nd Floor, #21 3rd Main Road, Amarjyothi Layout , Sanjay Nagar, Bengaluru- 560094, Karnataka

Alternatively you can submit the Notice electronically to email id: support@sitepandit.com

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

Repeat Infringers

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