Intellectual Property

Intellectual Property

Introduction
Intellectual Property

Intellectual Property Policy

For Direct Create

DirectCreate, ("DirectCreate", "our, "us" or "we")

Disclaimer: Please read the following terms and conditions carefully (collectively referred to as the “Intellectual Property Policy”) before using any of the digital platforms created and owned by Direct Create. By using the Direct Create digital platform, you signify your assent to be bound by the terms and conditions contained herein. If any of the terms and conditions of this policy is not acceptable to you, please refrain from using Direct Create or its affiliates’ platform or software.

Direct Create Private Limited having Company Identification Number U72200DL2015PTC279223, incorporated on 20.04.2015 owns and operates the DirectCreate.com website, applications and other associated platforms.

Expressions like “you” and ”your” with grammatical variations and cognate expressions refer to any User, Visitor, Members, Maker, Designer, Crafter, Service Provider, Institution or party who visits, uses or in any manner transacts with Direct Create.

Expressions – “we, our and us” with its grammatical variations and cognate expressions refer to and include Direct Create Private Limited, and/or its affiliates, subsidiaries, holding company or other entities in which Direct Create Private Limited is substantially interested or directly controls.

In addition to these terms when you use any current or future Direct Create content or service like the marketplace, meets, blogs etc. (Hereinafter referred to as "Service"), you will also be subject to the terms, guidelines and conditions applicable to that Specific Service ("Specific Terms"). If the terms and conditions contained within this policy are inconsistent with the Specific Terms, in that situation the Specific Terms shall govern the contract.

This "Intellectual Property Policy" constitutes an electronic record within the meaning of the applicable laws. The electronic record is generated by a computer system and does not require any physical or digital signatures.

Unauthorized use, bypassing technical or code based barriers intended to limit access to or uses of the website and a violation of the terms and conditions of this or any notice issued by Direct Create Private Limited shall give rise to legal proceedings being initiated against the party violating the same.

Violation of the terms and conditions of this notice constitute an unauthorized use of the Direct Create website and applications (hereinafter referred to as “Direct Create Platform”) and may give rise to legal proceedings being initiated against the party violating the same.

Policy Overview

As a Marketplace, Network, Forum and trusted destination for Crafter, Makers, Designers and Artists, Direct Create takes Intellectual Property rights very seriously. We comply with globally accepted Intellectual Property laws and industry best practices in order to maintain the integrity of our creative marketplace. Our Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how Direct Create sellers (Makers/Designers) can respond when a notice affects their listings or shops.

Disclaimer: Certain recommendations or information contained on this page does not constitute legal advice. The reader assumes all responsibility for any and all use of this information. Please consult a lawyer for specific questions. This page may be updated periodically.

This policy is a part of our Terms of Use (User Agreement), Membership Agreement & Seller Agreement and Listing Policy.

The Intellectual Property policy adopted at Direct Create is in accordance with industry best practices, generally accepted in the Republic of India and Internationally (where applicable).

Items that bear a company's official brand name, logo, designer label or marks of any other third party can be listed considering that the products were lawfully made by, for, or with the consent of that company/designer/maker/third party to whom the right of the work accrues.

Direct Create follows a strict policy against replicas, counterfeit items, or unauthorized copies being listed on Direct Create. Unauthorized copies may include things that are plagiarized, pirated, copied, faked, bootlegged, illegally duplicated, pirated, made using in-compatible settings (crafts/technique/Raw materials etc.). These items infringe on the Intellectual Property Rights of other parties and are therefore barred from listing on our Platform.

Make sure your listing follows these guidelines. If it doesn't, it will be removed, and you will be subject to a range of actions, including but not limited to limits being placed on your buying and selling privileges, suspension of your account, legal action as required.

Create your own listing content (use of Text and Images)

Copyright Law may protect the texts and images used in separate listings on Direct Create by other users. It is advised not to “borrow” text and images from other listings. Copyright Laws may protect images and texts found on other listings or on the Internet. Other Crafters/Makers/Designers/Artists may object to the use of text or images that they have created and curated for themselves.

We advise you to take your own photos and write your own descriptive texts. Direct Create has a list of experienced service providers who can be hired for a nominal fee.

Kindly refer to our IPR FAQ for information on Copyright Law.

Notices of Intellectual Property Infringement

Direct Create strives to respond in a swift and stern manner upon receiving proper notice of Intellectual Property Infringement. Removing or disabling access to the allegedly infringing material is done immediately upon receiving such notice. When Direct Create removes or disables access in response to a notice, Direct Create will take reasonable efforts to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about Counter Notification. Direct Create will also take reasonable efforts to provide a copy of the notice to the allegedly infringing party.

Counter Notification

Direct Create upon receiving a Counter Notification from the party to whom an infringement notice was sent, reserves the right to reinstate the removed material, it may be replaced or access to it may be restored within a reasonable period of time after analysis of the Counter Notice. Unless the Copyright owner files an action seeking a court order against the allegedly infringing party and informs Direct Create of this action. Direct Create will take reasonable efforts to send a copy of the counter notice to the original complaining party.

Repeat Infringement

Direct Create reserves the right to terminate the account privileges of users that are subject to repeat notices of Intellectual Property infringement.

Upon receiving a notice that complies with our policies Direct Create reserves the right to remove the material claimed to be subject to infringing action. Then Direct Create may notify the Direct Create user and provide the same with details of the notice, including the complainer's email address or other contact information.

The following requirements are applicable when submitting notices of infringement counter-notices to Direct Create. However, we prefer that you use our reporting forms, which allow us to process notices with greater efficiency and enable authorized parties to send notices with quality and ease.

Report/Reply/Withdraw infringement claims

Direct Create is host to hundreds of thousands of products, services and information snippets. Therefore, we may not have insight into all the listings and their Intellectual Property ownership. We operate on a Notice and Takedown basis. If you would like to submit a notification of alleged infringement, counter a notice of copyright infringement submitted against you, or withdraw a notification of infringement that you submitted, please refer to the following information.

Infringement
Notice Requirements

Report Infringement

On Direct Create

Use this form to provide a notice of claimed infringement on Direct Create.

If you deem that the material residing on or accessible through Direct Create infringes a Copyright, you may send a notice of infringement via email to info@directcreate.com, it must include all of the following required information:

  1. Signature of the person authorized to act on behalf of the Intellectual Property owner (hereinafter referred to as the (“Notifying Party”) whose right has been allegedly infringed. Signatures may be provided electronically by typing your name;
  2. Sufficiently detailed identification of the work allegedly infringed upon; this included the specific location of the work so that Direct Create can find it. For listings on our platform that are infringing upon Intellectual Property right, please provide the Direct Create listing URL to each item you allege to be infringing;
  3. The name of the Intellectual Property owner, and contact information for the Notifying Party including name, address, telephone number, and email address;
  4. A statement proclaiming that the Notifying Party has a good faith belief that the material has not been authorized by the Intellectual Property owner, its agent, or the law;
  5. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the Notifying Authority is authorized to make the complaint on behalf of the Intellectual Property owner.

If you or the Notifying Party duly authorized on your behalf misrepresent that certain work(s) are infringing, you will be liable for damages (including all legal costs and fees). Before sending a notice to Direct Create it is advisable to consult a licensed lawyer if you are not sure whether the material is infringing you Intellectual Property rights of now. Fraudulent notices or other misuse of Direct Creates’ Intellectual Property Policy may result in account termination and or legal proceeding being initiated against the concerned parties.

Counter-Notice Requirements

Use this form to provide a counter or an answer or explanation to the infringement reported on Direct Create against you.

To submit a Copyright Counter-Notification to a Direct Create designated agent, please see the following information. If you are not able to use the countering form, please see the requirements below.

If you have a good faith belief that the material removed or disabled as a result of a notification of Copyright Infringement to Direct Create involved malice, misidentification or mistake, you may send a Counter Notice via email to info@directcreate.com it must include all of the following required information:

  1. Your signature. Signatures may be provided electronically by typing your name.
  2. Sufficiently detailed identification of the work that has been removed or access to which has been disabled. For listings on our platform that are infringing upon Intellectual Property right please provide the Direct Create listing URL to each item before it was removed or disabled.
  3. A statement proclaiming that you have a good faith belief that the material was removed or disabled as a result of malice of the Complainant mistake or misidentification of the work.
  4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the District Court for the judicial district in which you are located, or if your address is located outside the Republic of India, for any judicial district in which Direct Create is located, and that you will accept service of process from the person who provided the original notification or an agent of such person.

If you misrepresent that material is not infringing with mala fide intent, you may be liable for damages (including all costs and legal fees). Before sending a Counter notice to Direct Create it is advisable to consult a licensed lawyer if you are not sure whether the material is infringing you Intellectual Property rights of now. Fraudulent notices or other misuse of Direct Creates’ Intellectual Property Policy may result in account termination and or legal proceeding being initiated against the concerned parties.

Withdraw a notification of Infringement you’ve submitted

Use this information to withdraw an infringement notice you’ve submitted to Direct Create.

Waiver

If any of the conditions mentioned above are breached and Direct Create takes no action, Direct Create will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Indemnity

You shall indemnify and hold harmless Direct Create, its affiliates, directors, agents, employees from any claim/demand, or actions including attorney’s fees made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

Jurisdiction and Governing Law

These conditions are governed by and will be construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.

If material was removed from your shop due to a notification of infringement or you would like to learn more about intellectual property issues in general, please refer to the following information:

Direct Create Designated Agent to Receive Notifications
Manager - Legal & Licensing Dept.
Direct Create Private Limited
52/68 Chittaranjan Park
NewDelhi 110019
info@directcreate.com
Copyrighting and protecting your work

General Information and FAQ about Intellectual Property Rights.

Direct Create's Trademark Policy

Guidelines for the use of the Direct Create Trademarks.