Version: 0.1 (draft for advocate review)
In short
- Only post Content you own or have permission to use.
- Rights holders can send us a takedown notice. Indian notices fall under the Copyright Act, 1957, and the IT Rules. US notices follow the DMCA format.
- We remove or disable infringing Content promptly, and tell the person who posted it.
- If you think your Content was removed by mistake, you can send a counter-notice.
- Repeat infringers lose their accounts.
1. Scope
This Policy is part of the Terms of Service of Privé, which is operated by POLYMATH COGNITIVE, Jaipur, India. It covers copyright, trademarks and other intellectual property in Content on Privé.
2. Where to send notices
- Grievance Officer: name to be published
- Email:
hi@prive.buzz - Post: POLYMATH COGNITIVE, S-300-H, Scheme 4-S, Macheda, Jaipur, Rajasthan, India
3. What a notice must include
Please include all of the following:
- your name, address, phone and email, and, if you act for the rights holder, your authority to do so;
- a description of the work you say is infringed, with evidence of ownership: for example a registration, the original file, or a publication link;
- the exact location of the Content on Privé: the Creator's handle and the post link, or a description of the message, call or live with its date and time;
- a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law;
- a statement that the information in the notice is accurate and, for DMCA notices, that you are authorised to act for the owner, under penalty of perjury;
- your physical or electronic signature.
India. We act on notices under:
- section 52(1)(c) of the Copyright Act, 1957, and Rule 75 of the Copyright Rules, 2013. Under these, we disable access for 21 days, pending an order from a competent court;
- Rule 3(1)(b) and Rule 3(2) of the IT Rules.
A court order or a notice from the appropriate government is acted on within 36 hours.
4. What we do
4.1 On receiving a notice. We acknowledge it within 24 hours. If the notice is complete, we remove or disable the Content promptly. We tell the User who posted it and send them a copy of the notice, with the complainant's personal contact details removed where appropriate. We aim to resolve the complaint within 15 days.
4.2 Effect on payments. If paid Content is removed for infringement, we may hold the related earnings during review. If infringement is confirmed, we may reverse them under the Creator Agreement.
5. Counter-notice
5.1 Sending one. If you believe your Content was removed by mistake, or that you had the right to use it, send us a counter-notice containing:
- your name, address, phone and email;
- identification of the removed Content and where it appeared;
- a statement, under penalty of perjury for the US, that you believe in good faith the removal was a mistake or misidentification;
- your consent to the jurisdiction of the courts at Jaipur, Rajasthan (or, for US notices, of the federal district court for your address), and that you will accept service from the complainant;
- your signature.
5.2 What happens next.
- We forward the counter-notice to the complainant.
- For US (DMCA) notices, we may restore the Content after 10 to 14 business days, unless the complainant tells us they have filed a court action.
- For Indian notices under section 52(1)(c), access remains disabled until the 21-day period ends. After that we may restore it, unless the complainant produces a court order.
6. Repeat infringers
We terminate the accounts of Users who repeatedly infringe. As a rule, an account is terminated after 3 valid notices that were not successfully countered within 12 months, or sooner for flagrant cases.
7. Misuse
Do not send false notices or counter-notices. You may be liable for damages and legal costs, under section 512(f) of the DMCA and under Indian law.
8. Trademarks and other rights
For trademark, personality-rights or impersonation complaints, send the same details as in section 3. Explain the right concerned and how the Content infringes it.