Introduction

Vasana Technologies respects IPRs, namely, trademarketed material rights, copyrighted materials rights, patents rights (collectively, IPRs) rights of third-parties and this policy provides information about our policies and procedures regarding any alleged or suspected infringement of the same by us on our Websites, Products and/or Services.

IPs Infringement Notifications

If you believe that there is any infringement of your IPR(s) on our Websites, Products and/or Services, you may provide us with a notice of IPR infringement. All notifications of claimed IPR infringement on our Websites, Products and/or Services should be sent to our Designated Agent.

We have provided the following information for the exclusive purpose of notifying us if you believe your IPR(s) are being infringed. Please do not send other inquiries or notices to this contact, since you will not receive a response to any inquiries or notices that are not related to IPR infringement.

To file an IPR infringement notification with us, you must send us a written notice that includes substantially all of the following requirements. You may consult your own attorney to confirm the following requirements:

  1. Your address, telephone number, and/or email address, so that we may contact you regarding the notification.
  2. A clear and complete identification of the IPR holding work or works claimed to be infringed. If your notice covers multiple IPR holding works, the notice may include only a representative list of the works.
  3. An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials. The identification should include enough specific information, such as Website URL(s) in case of copyrighted work, so that we can reasonably locate the allegedly infringing material, or in case of patents, a clear description of how and which Website, Product and/or Service by us it is being infringed in and how and where within it the patented property is being infringed by us. General information about the material, such as the Service being used or a username, will not be sufficient for us to identify the allegedly infringing material or its location.
  4. The statement “I have a good-faith belief that the use of the material in the manner complained of is not authorized by the IPR owner, its agent, or the law.”
  5. The statement “The information in this notice is accurate, and, under penalty of perjury, I am the IPR owner, or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.”
  6. An electronic or physical signature of the IPR owner or the person authorized to act on behalf of the owner. You may provide your signature by typing your own full legal name (including first and last names; no company names) at the bottom of your notice.

Additionally, in case your IPR is a trademark, include all of the following requirements also:

  1. A clear and complete identification of your proof of ownership of, or the right to use, the trademark. Any identification must include, at a minimum (a) (if the trademark is registered) the countries in which it is registered and we are infringing along with the trademark registration number in each country; and (b) the date of first use of the trademark in commerce in the said countries.
  2. Clear and unambiguous proof of your actual use of the trademark in commerce in the countries where we have infringed on your IPR(s).
  3. Any arguments or documented evidence which supports your belief that the allegedly infringing materials are likely to cause confusion or mistake, or would deceive any third-party.
  4. The date (DD/MM/YYY) that you are submitting the notice of alleged trademark infringement.

If you are submitting an IPR infringement notice to remove allegedly infringing materials originating from a third-party website which is cached on our systems, your notice (a) may only be sent after the material has been taken down from the originating website, or where a court has ordered the takedown from that website, and (b) must include a statement confirming that the material has been taken down, or that a court has ordered that the material be taken down from the originating website.

If we determine that your notice is substantially compliant with these requirements, we will act promptly to take down, or disable access to, or find an alternative to the allegedly infringing material and provide the subscriber with notice that we have taken down the material.

You are initiating a legal process by sending us an IPR infringement notice. Do not submit false claims. Please consider whether any disputed use constitutes fair use or fair dealing (or any other exception to certain IPR like copyrights) before you submit an IPR infringement notice. If you are unsure whether materials on our Websites, Products and/or Services infringe upon your IPs, please consult a lawyer before proceeding with any notice to us.

You may be subject to severe legal consequences if you knowingly make a material misrepresentation that material is infringing. These consequences include damages (including court costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations to remove or disable access to the material. Those parties include the alleged infringer, the IPR owner or its licensees, or us. In addition, we may suspend or terminate your account or access to any of our Websites or Services for submitting false claims of IPR infringement.

Please note that the information you provide in a notice may be forwarded to the person who provided the allegedly infringing material to us, and that we may publish your information in place of disabled content.

Retractions

If you submitted a notice of IPR infringement by mistake, or would otherwise like to retract your notice, please provide us with the following:

  1. The statement “I hereby retract my IPR infringement notification.”
  2. An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials which you identified in the original IPR infringement notification
  3. Your electronic or physical signature (including first and last names; no company names). If you sent your original notification by email, send your retraction from the same email address, otherwise we may not be able to process your retraction.
  4. The date (DD/MM/YYY) that you are submitting the retraction.

If your account or any material you uploaded or submitted to a Website or through a Service or a Product has been affected by a IPR infringement notification, you may reach out directly to the IPR owner for a retraction of the original notice.

Counter-Notifications

When we receive a notice of IPR infringement, we will remove or disable access to the allegedly infringing material and notify the alleged infringer. If any of your material is removed for this reason, and you believe your material is not infringing, or, that you have authorization from the IPR owner, the IPR owner’s agent, or pursuant to the law, to use the material in the manner complained about, you may send a counter-notice to our Designated Agent.

We have provided the following information for the exclusive purposes of notifying us that you dispute an IPR infringement claim. Only parties who have all the necessary rights to post, distribute, or otherwise submit the disputed material, or their authorized agents, may submit a counter-notification, and this should only be done if you believe the material was removed or disabled by mistake or misidentification, and it is clear that exceptions to certain IPRs like copyright, such as fair use, do not apply. Do not submit a counter-notification if this does not apply to you.

To submit a counter-notification to us, you must send us a written notice that includes substantially all of the following requirements. We will not be able to take action on incomplete submissions. You may consult your own attorney to confirm the following requirements:

  1. Identification of the material that has been removed or to which access has been disabled, and the location from where the material appeared before it was removed or access was disabled (e.g. the specific URL for the material formerly on a Website). General information about the material, such as the Service being used or a username, will not be sufficient for us to identify the material or its location.
  2. The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  3. The statement: “I consent to the jurisdiction of the District Court for the district in which my address is located, or if my address is outside the country where the company Vasana Technologies Pvt. Ltd. is located in, the judicial district in which the company Vasana Technologies Pvt. Ltd. is located, and will accept service of process from the claimant or claimant’s agent.”
  4. Your name, address, telephone number, and email address, and the username(s) for your account in our Websites, Products and/or Services where your IPR(s) is being infringed.
  5. A physical or valid electronic signature. You may provide your signature by typing your own full legal name (including first and last names; no company names) at the bottom of your counter-notification.

You may be subject to severe legal consequences if you knowingly materially misrepresent that material was removed or disabled by mistake or misidentification. Those consequences include damages (including costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations. Those parties include the alleged infringer, the IPR owner or its licensees, or us.

Once we receive a counter-notification, we will forward a copy of the counter-notification to the party who submitted the original claim of IPR infringement. When we forward the counter-notification, it will include any personal information you provide. Please keep in mind that the original claimant may use this personal information to file a lawsuit against you to keep the material from being restored on our Websites, Products and/or Services. By submitting a counter-notification to us, you consent to having your information revealed in this way. We will not forward your counter-notification to any party other than the original claimant.

If you are a user not within the country the company Vasana Technologies Pvt. Ltd. is located in, and are responding to a valid international claim, you may submit your counter-notification under the above process, or alternatively, with an international counter-notification. You should understand that filing a counter-notification may lead to legal proceedings between you and the complaining party. There may be adverse legal consequences in your country if you make false or bad faith allegations through this process. If you are unsure whether material infringes the IPRs of other, please first contact a lawyer before proceeding. An international counter-notification must include the following:

  1. 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 to it was disabled (e.g. the specific URL for the material formerly on a Website).
  2. The statement: “I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  3. The statement: “I will accept service of process from the person who provided Vasana Technologies with the original IPR infringement complaint, or an authorized agent of such person.”
  4. Your name, address, telephone number, and email address, and the username of your account in our.
  5. A physical or valid electronic signature.

We can only accept a counter-notification directly from the user from whose account the allegedly infringing content has been removed or has had its access disabled. For our verification purposes, counter-notifications sent by email should be submitted from the email address associated with the account.

Restoring Material

Once a counter-notification is sent by us to the original party who submitted the IPR infringement notice, that party has ten (10) business days to respond with evidence that they have initiated a court action to keep the material from being restored. We are required to wait for this period before we may restore the disputed material. If we do not receive this response from the original claimant, we may, in our sole discretion, reinstate the removed material or cease disabling access to it within ten (10) to fourteen (14) business days from the day the we received the counter-notification.

Designated Agent

All notices under this policy, including notices of IPR infringement and counter-notifications, must be sent to our Designated Agent to be effective. You may submit notices by email to:

Email: iprinfringement@vasanatechnologies.com

Termination Policy

Please be advised that we have adopted and enforce a policy of termination in appropriate circumstances against users who are repeat infringers.

Disclaimer

Again, please be advised that in most nations, any person who knowingly materially misrepresents that material is infringing, or who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages. If you are unsure whether materials on our Websites, Products and/or Services infringe upon the IPRs of others, please consult a lawyer before proceeding with any notice to us.