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Intellectual Property Policy

This Intellectual Property Policy was last updated on April 8, 2018.

Coincast News is a business news network that enables anyone anywhere to create and share Blockchain and cryptocurrency news. Infringing activity is not tolerated on or through our platform.

 

This policy addresses what Coincast News do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to the content on Coincast News.

 

This website, including but not limited to text, content, photographs, video, audio and graphics, and goods (the “Service”), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Australia and other countries. The Service is also protected as a collective work or compilation under Australian copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Coincast News, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Coincast News and such others. You agree to protect the proprietary rights of Coincast News and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Coincast News or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify Coincast News in writing promptly upon becoming aware of any unauthorised access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Coincast News, at all times be and remain the sole and exclusive property of Coincast News. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Coincast News for its exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Coincast News prior written approval.

 

Third-Party Copyright Infringement Reports

Coincast News’ policy is to remove content from our platform when it is reported as infringing in a copyright infringement notice received from the owner of the original content. We reserve the right to terminate an content at any time, including when they post content in violation of the copyrights of others.

 

How to File a Report

If you would like to report content on the Coincast News platform and if you are the owner or the designated agent of the owner of the rights to the content that you believe the content is infringing, the most efficient way is to use this form (form in English only).

 

Before you submit a copyright infringement report, please remember these important things:

 

We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the individual who published the content you are reporting has received proper permission from the owner to use the content. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organisation).

Your copyright claim has to be sufficiently substantiated for us be able to address it. This means:

You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.

If you are filing a report on behalf of an organisation, you include the name of the organization and your relationship to the organisation.

You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);

You provide sufficient information for us to locate the reportedly infringing content on the Coincast News site (the URL on our website);

You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorised to act on the copyright owner's behalf and I have a 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”.

Knowingly submitting a false or misleading claim of infringement is illegal and you could be held liable and have to pay damages as a result. Coincast News reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.

There are types of content that are not protected by copyright. Copyright law doesn’t cover short phrases (like business names and slogans), intangible concepts (like processes and ideas), or facts. Before you submit a copyright claim, make sure that the content copied in the course is indeed protected by copyright.

Consider whether the use of your material in the content is “fair use”. Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether the content’s use of your material qualifies as fair use, you should look at:

The purpose of the use (whether the course is paid or unpaid, whether the content critiques/parodies/transforms your material)

The type of copyrighted work being used (whether your work is factual or creative)

The portion being used (whether the content uses small, necessary excerpts of your material or substantial portions of it)

The effect on the market for your material (whether potential buyers would purchase the content instead of your material)

Before you submit a copyright claim, make sure that use of the content copied does not qualify as fair use.

Counter-Notification

If we receive a valid copyright violation report, we will send a copy of that report to the staff member who posted the reported content along with a notification that 1) the content was reported for copyright infringement and 2) we are removing the content from the Coincast News network. We will also attach a form that the staff member can fill in and send back to us to submit a counter-notification. If your content has been reported for copyright infringement and removed from the Coincast News network, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content, then you may send us a counter-notification.

 

The best way to provide us with a counter-notification is to fill in the form we provided you and send it back to the Coincast News designated agent or the copyright team member who notified you. To be effective, a counter notification must be in writing and include the following information:

 

Your physical or electronic signature;

Your name, address, and email address or telephone number,

Identification of the course that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright infringement report filed against your content, we always attach a copy when we notify you);

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

A statement that you consent to (i) Coincast News sharing your name and contact information with the claimant; (ii) receiving service of process for any legal action by the claimant or an agent of the claimant and (ii) accepting the jurisdiction of the federal district court for the judicial district in which you reside (if in Australia), or if you reside outside of Australia, the jurisdiction of the Western Australian District Court for the District of Western Australia (headquarters of Coincast News).

Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and have to pay damages as a result. Coincast News reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter notification in violation of the law.

 

Reports of Infringing Content on Other Platforms

You understand that when you post and make available your content on the Coincast News network, you are giving permission for use for this content to be shared across affiliate platforms and websites. Any content featured on third party websites may be subject to copyright infringement, and Coincast News will act to have any infringing content removed from third party platforms. Please keep in mind that since Coincast News doesn’t control the content on other sites, we may not always be successful, especially if your content is on a site outside of Australia. Certain countries take different approaches to copyright law; as such, we cannot guarantee the infringing party or hosting site will comply with our notices and remove the infringing content from their platform.

 

Third-Party Trademark Infringement Reports

Coincast News’s policy is to remove content from our service when they are reported as infringing a third party trademark. We also reserve the right to terminate a user’s Account at any time, including when they post content in violation of the trademark rights of others.

 

How to Submit a Trademark Infringement Report

The fastest and easiest way to submit a report of trademark infringement to us is to send a notice to the Designated Agent containing the information identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Before you submit a trademark infringement report, please remember these important things:

 

Your trademark claim has to be sufficiently substantiated for us be able to address it. This means your communication must include substantially the following:

Your complete contact information (full name, mailing address, and email or phone number).

The specific word, symbol, etc. for which you claim trademark rights.

The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.

The country or jurisdiction in which you claim trademark rights.

The category of goods and/or services for which you assert rights.

Sufficient information for us to locate the material on Coincast News that you believe violates your trademark rights (web addresses/URLs of the allegedly infringing content).

A description of how you believe this content infringes your trademark.

If you are not the rights holder, an explanation of your relationship to the rights holder.

The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorised by the trademark owner, its agent, or the law.”

The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorised to act on behalf of the owner of a trademark that is allegedly infringed."

Your electronic signature ("/s/" followed by your full name, e.g., "/s/ Jane Doe") or physical signature.

Submitting a false or misleading claim of infringement could result in liability for you. Coincast News reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.

Consider whether the use of your trademark in the course is “nominative fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticising the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the course. Before you submit a trademark claim, make sure that use of your trademark in the course does not qualify as fair use.

Designated Agent Contact Information

Coincast News’s Designated Agent for notices of reported infringement can be contacted in the following manner:

 

By filling the copyright report form (for copyright infringement reports only)

Via Email: email address required

Via AusPost: Coincast News Suite 5, 62 Ord Street, West Perth, 6005 Attn: Copyright Team

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