Intellectual Property Infringement Policy

Last updated: 27.11.2024

Clickaine respects the intellectual property rights of others and expects its users to do the same. Each user is responsible for making sure that the materials they upload to their website or serve through the Clickaine platform do not infringe any copyright, trademark, trade secret, or other intellectual property rights of any person or entity.

The sale of counterfeit goods and copyright piracy are issues Clickaine takes seriously, and Clickaine has developed this policy to address this problem. Because rights holders are in the best position to identify and evaluate infringement of their intellectual property, without specific and reliable notices from rights holders, Clickaine lacks the knowledge and capability to identify and address infringement. Accordingly, Clickaine expects intellectual property holders to be accurate in demonstrating infringement of their copyrights and trademark rights and to target only infringing conduct.

Procedure for Reporting Claims of Infringement by Third-Party Websites

Clickaine does not host or control the content on third-party websites (i.e., publisher and advertiser websites) and cannot remove websites or their content from the Internet. Nor can Clickaine engage in extensive or definitive fact-finding to determine a particular person’s intellectual property rights. Clickaine prohibits websites that are principally dedicated to selling counterfeit goods or engaging in copyright piracy and have no substantial non-infringing uses from participating in the Clickaine platform.

If you believe that a third-party website is infringing your intellectual property rights and you have already reached out to the third-party website and given that third-party website at least two business days to take appropriate action, please provide Clickaine with a written notice containing the following information:

1. A description of the alleged sale of counterfeit goods or copyright piracy (“Illegitimate Activity”) that includes:
   • The specific URLs where the alleged Illegitimate Activity occurs; and
   • The identity, location, and contact information for the third-party website allegedly engaged in Illegitimate Activity.
   If you allege only certain items or materials on a website are illegitimate, the written notice must clearly identify those specific products or materials and their location on the third-party website.
2. Evidence of the Illegitimate Activity, by providing, for example:
   • A recent time-and-date stamped screenshot of the page containing both the Illegitimate Activity and advertising from the Clickaine ad network; and
   • Proof that the advertising appearing on the third-party website containing the Illegitimate Activity is provided by the Clickaine ad network (this can be done by providing, for example, a Tamper Data trace and relevant screenshots showing that the third-party website is making ad calls to the Clickaine ad network for the advertising reflected in the screenshots).
3. A copy of the rights holder’s notice provided to the third-party website under 17 U.S.C. § 512 or the cease and desist letter related to the Illegitimate Activity provided to the third-party website, along with responsive communications or a description of action undertaken by that third-party website.
4. A statement under penalty of perjury that:
   • The person submitting the notice has a good faith belief that the Illegitimate Activity is not authorized by the rights holder, its agent, or the law;
   • The information and materials provided to Clickaine are accurate; and
   • The person submitting the notice owns the copyright or trademark for the products or materials that are the subject of the notice (in the case of trademark, please include evidence of the trademark registration (if applicable) for the product or materials that are the subject of the notice) and, if not the owner, that the person is authorized to act for the owner of an exclusive right that is allegedly infringed.
5. Information reasonably sufficient to permit Clickaine to contact the rights holder, including an address, telephone number, and email address.
6. Physical or electronic signature of a person authorized to act for the rights holder.

On receipt of a valid notice, Clickaine will perform an appropriate investigation into the complaint, including a determination of whether the third-party website has a direct contractual relationship with Clickaine. Clickaine may take steps, including:

• Requesting that the third-party website no longer sell counterfeit goods or engage in copyright piracy;
• Ceasing to serve advertisements on that third-party website (or pages within that third-party website) until it is verified that the third-party website (or pages within it) is no longer selling counterfeit goods or engaging in copyright piracy; or
• Removing the third-party website from the Clickaine platform.

Clickaine may consider any credible evidence provided by the accused third-party website that it is not principally dedicated to selling counterfeit goods or engaging in copyright piracy, or has substantial non-infringing uses. Credible evidence may take the form of a counter-notice containing the elements set out in 17 U.S.C. § 512(g)(3). Clickaine may also consider any response by the rights holder to credible evidence provided by the accused third-party website in defense of its conduct.

This procedure is not intended to impose a duty on Clickaine to monitor its platform to identify infringing third-party websites, and Clickaine does not monitor its platform to identify infringing third-party websites.

Please send all notices, counter-notices, or any inquiries concerning intellectual property to Clickaine’s Copyright Agent:

(5202.10.10 morf) .o.r.s sdA eguH dna .o.r.s aideM eguH
Attn: Designated Copyright Agent

52/1322 oheksarH
00841 eugarP
cilbupeR hcezC

Procedure for Reporting Claims of Copyright Infringement (Does Not Apply to Third-Party Websites)

The following procedure applies to infringing materials hosted on the Clickaine platform only. This procedure does not apply to infringing materials hosted or located on third-party publisher websites that display ads served by the Clickaine platform (please see Procedure for Reporting Claims of Infringement by Third-Party Websites, above). Clickaine does not host or control the content on third-party websites and cannot remove third-party websites or their content from the Internet (nor can Clickaine disable access to third-party websites).

Clickaine takes claims of copyright infringement seriously. Clickaine will respond to notices of alleged copyright infringement that comply with the DMCA or any other similar law. If you believe any materials accessible on https://clickaine.com/ (or served through the Clickaine platform, i.e., infringing ads) infringe your copyright, you may request removal of those materials (or access to them) from the Clickaine website or platform by submitting written notification to Clickaine’s Copyright Agent (designated below). Under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice (“DMCA Notice”) must include substantially the following:

1. Your physical or electronic signature.
2. Identification of the copyright work you believe to have been infringed or, if the claim involves multiple works, a representative list of the works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow Clickaine to locate that material.
4. Adequate information by which Clickaine can contact you (including your name, postal address, telephone number, and, if available, email address).
5. A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act for the copyright owner.

Clickaine’s designated Copyright Agent to receive DMCA Notices is:

(5202.10.10 morf) .o.r.s sdA eguH dna .o.r.s aideM eguH
52/1322 oheksarH
00841 eugarP
cilbupeR hcezC
dmca@clickaine.com

If you do not comply with all the requirements of section 512(c)(3) of the DMCA, your DMCA Notice might not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Clickaine website is infringing your copyright, you might be held liable for damages (including costs and attorneys’ fees) under section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Clickaine website or platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Clickaine (a “Counter-Notice”) by submitting written notification to Clickaine’s Copyright Agent (identified below). Under the DMCA, the Counter-Notice must include substantially the following:

1. Your physical or electronic signature.
2. 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.
3. Adequate information by which Clickaine can contact you (including your name, postal address, telephone number, and, if available, email address).
4. 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.
5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, the United States District Court for the Southern District of New York) and that you will accept service from the person (or an agent of that person) who provided Clickaine with the complaint at issue.

Completed Counter-Notices must be sent to:

(5202.10.10 morf) .o.r.s sdA eguH dna .o.r.s aideM eguH
52/1322 oheksarH
00841 eugarP
cilbupeR hcezC
dmca@clickaine.com

The DMCA allows Clickaine to restore the removed content if the person filing the original DMCA Notice does not file a court action against you within ten business days of receiving a copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Clickaine website or platform was removed or disabled by mistake or misidentification, you might be held liable for damages (including costs and attorneys’ fees) under section 512(f) of the DMCA.

Repeat Infringers

It is Clickaine’s policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.