Intellectual Property Policy
Please read these conditions carefully (collectively referred to as the “Copyright Policy” or “Intellectual Property Policy”) before using the Direct Create Website/Application. By using the Direct Create website/application or digital platform, you signify your agreement to be bound by these conditions. If this Policy or any of its conditions is not acceptable to you, please do not use Direct Create or its affiliates’ website/application or software.
Direct Create Private Limited (Direct Create) owns and operates the DirectCreate.com website and Applications (“Website”, “Application”, “Platform”, “Marketplace”). Expressions like You/Your with grammatical variations and cognate expression refers to any user, visitor, members, Maker, Designer, Service Provider, Institution or party who visits, uses or in any manner transacts with Direct Create.
Expressions – We/Our/Us with its grammatical variations and cognate expressions shall mean and include Direct Create Private Limited, and/or its affiliates, subsidiaries, holding companies or other entities in which Direct Create Private Limited is substantially interested, directly controls or be controlled.
In addition, to these terms when you use any current or future Direct Create’s Content/Service (eg. Marketplace, Meetups, Blogs etc.) ("Service"), you will also be subject to the terms, guidelines and conditions applicable to that specific Service (“Specific Terms"). If this Policy or any of its Conditions are inconsistent with such Specific Terms, the Specific Terms will control.
This "Copyright Policy" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Violation of the terms or this Notice constitutes an unauthorized use of the Direct Create’s site and Application/s and may give rise to an actionable cause/claim of Direct Create or its Affiliates against the violator.
As a Marketplace, Network, Forum and trusted destination for Makers, Designers and Artists, Direct Create takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit proper notices of infringement regarding content on our marketplace, and how Direct Create sellers (Makers/Designers) can respond when their listings or shops are affected by a notice.
Some of the recommendations or information contained on this page constitutes information and not 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.
Direct Create has adopted this intellectual property policy in accordance with industry best practices, generally accepted in India and Internationally (where applicable). The Copyright Act, 2012 (1956) and other intellectual property laws and the Information Technology Act, 2000 alongwith rules framed thereunder.
Items that bear a company's official brand name, logo, designer label or marks of any other 3rd party can be listed as long as the products were lawfully made by, for, or with the consent of that company/designer/maker/3rd party.
We don't allow replicas, counterfeit items, or unauthorized copies to be listed on Direct Create. Unauthorized copies may include things that are plagiarized, copied, faked, bootlegged, illegally duplicated, pirated, made using in-compatible settings (crafts/technique/Raw materials etc.). These kinds of things may infringe on someone's copyright or trademark, reputation, personality rights, or geographical indiators.
Make sure your listing follows these guidelines. If it doesn't, it will be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.
Create your own listing content (use of Text and Images)
Don't "borrow" text or images (including photos) from other listings on Direct Create, Designer/Makers websites, third-party product catalogs, or other sources without specific permission from the owner. Contrary to popular belief, simply because images and text can be found somewhere on the Internet, it doesn't necessarily mean that they aren't protected by copyright laws. Copyright laws apply to the Internet - Designers/ Artists or other copyright owners may object to the use of text or images that they own or have created.
Write your own descriptive text for your listing and take your own photos. You can use one of Direct Create’s service providers who can help you with these services on a nominal service fee.
Read about copyright basics and IPR FAQs.
Notices of Intellectual Property Infringement
Direct Create strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Direct Create removes or disables access in response to a notice, Direct Create makes a reasonable attempt 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 may also provide a copy of the notice to the allegedly infringing party.
If Direct Create receives a counter notification from the party to whom an infringement notice was sent, the removed material may be replaced or access to it may be restored within a reasonable period after receipt and analysis of the counter notice and 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 sends a copy of the counter notice to the original complaining party.
Direct Create terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Direct Create’s discretion.
When Direct Create receives a notice that constitutes a potential infringement and complies with our Policies, Direct Create may remove the material claimed to be subject to infringing activity. Then Direct Create may notify the Direct Create member and provide the Direct Create member with details of the notice, including the complainer's email address or other contact information.
The following are requirements apply for 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 authorised parties to send notices with quality and ease.
Report/Reply/Withdraw infringement claims
Direct Create hosts hundreds of thousands of products, services and information snippets. Therefore, we may not have insight into all the listings and their IP ownership. So 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.