Categories
Intellectual Property Claims
- Home
- Intellectual Property Claims
Intellectual Property Claims Policy for Firasti.com Freelancer Services, Projects, and Jobs Marketplace
Effective Date: [Insert Date]
At Firasti.com, we respect intellectual property (IP) rights and are committed to protecting the IP of our users. This Intellectual Property Claims Policy outlines the process for reporting and handling claims of intellectual property infringement on the Firasti.com platform. By using the platform, all users agree to comply with this policy and respect the intellectual property rights of others.
1. Intellectual Property Rights and Ownership
1.1. Freelancer’s Ownership of Work
Unless otherwise agreed upon between the freelancer and the client, freelancers retain ownership of the intellectual property (IP) rights to the work they create on Firasti.com. Upon completion and payment of the project, the client typically receives a license to use the work as specified in the project agreement or terms.
1.2. Client’s Ownership of Provided Materials
Any intellectual property, materials, or content that a client provides to a freelancer for the purpose of completing a project (e.g., logos, trademarks, documents) remain the exclusive property of the client. Freelancers must not use or distribute these materials for any purpose other than fulfilling the project unless granted explicit permission by the client.
1.3. License for Use of Platform Content
By using the platform, all users grant Firasti.com a non-exclusive, royalty-free license to use, display, and distribute their user-generated content (such as project listings, freelancer profiles, and reviews) for the purposes of operating, promoting, and improving the platform.
2. Reporting Intellectual Property Infringement
2.1. How to Report an IP Infringement
If you believe that your intellectual property rights have been infringed upon by content hosted on Firasti.com, you may submit a formal IP infringement notice to our support team. The notice should include:
- A description of the intellectual property you claim has been infringed.
- A description of where the allegedly infringing material is located on the platform (e.g., project URL, freelancer profile, etc.).
- Your contact information, including your full name, address, and email.
- A statement asserting that you believe, in good faith, that the material is being used without your permission.
- A statement, under penalty of perjury, that the information in your claim is accurate.
2.2. Notice and Takedown Procedure
Firasti.com follows the Notice and Takedown procedure outlined in the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Upon receiving a valid infringement claim, Firasti.com will:
- Review the complaint and determine whether it meets the requirements outlined above.
- Remove or disable access to the alleged infringing content.
- Notify the user who posted the content about the claim and provide them an opportunity to counter-notify.
3. Counter-Notification Process
3.1. Filing a Counter-Notice
If you believe that content was removed or access to it was disabled by mistake or misidentification, you may submit a counter-notification to Firasti.com. The counter-notification should include:
- A description of the material that was removed or disabled and its location prior to removal.
- A statement under penalty of perjury that you believe the material was removed by mistake or misidentification.
- Your contact information, including your full name, address, email, and phone number.
- A statement granting Firasti.com permission to restore the material unless the original complainant files a court order.
- Your physical or electronic signature.
3.2. Effect of a Counter-Notice
Upon receiving a valid counter-notification, Firasti.com may restore the removed content unless the original complainant files a court order or takes legal action to prevent the restoration of the material. Firasti.com will notify both parties about the status of the counter-notification.
4. DMCA and Copyright Policy
4.1. DMCA Compliance
Firasti.com complies with the Digital Millennium Copyright Act (DMCA), a U.S. copyright law that allows copyright holders to request the removal of infringing content. Firasti.com will respond to valid DMCA notices by removing or disabling access to infringing content as required by law.
4.2. Repeat Infringers
Firasti.com reserves the right to suspend or terminate the accounts of users who are found to be repeat infringers of intellectual property rights. If a user’s account is terminated for intellectual property violations, they will be permanently banned from using the platform.
5. Safe Harbor Provisions
5.1. Platform as an Intermediary
Firasti.com acts as a neutral intermediary between freelancers and clients and is not responsible for any infringement of intellectual property rights that may occur through the actions of users. However, we take claims of IP infringement seriously and will investigate any allegations to protect the rights of the original IP holder.
5.2. Limitation of Liability
Under applicable law, Firasti.com may be protected from liability for infringing content posted by users, provided we follow the proper notice-and-takedown procedures. Firasti.com does not take responsibility for the content uploaded by freelancers or clients, but we will act promptly to address verified IP claims.
6. User Responsibilities and Prohibited Content
6.1. Respect for Intellectual Property
All users of Firasti.com, including freelancers and clients, must respect the intellectual property rights of others. Users are prohibited from uploading or sharing content that infringes upon the copyrights, trademarks, patents, or other intellectual property rights of third parties.
6.2. Prohibited Content
Users may not upload or post content on Firasti.com that includes, but is not limited to, the following:
- Copyrighted materials without authorization from the copyright owner.
- Trademarks used without the permission of the trademark owner.
- Plagiarized work, including work taken from other websites, books, or any other sources.
- Patent-protected designs without permission from the patent holder.
If you discover content on Firasti.com that you believe infringes on your intellectual property rights, you should report it immediately so that we can take appropriate action.
7. IP Ownership and Licensing Agreements
7.1. Freelancer Work Product
Freelancers may be required to transfer or license the intellectual property rights of their work to clients under the terms of their project agreement. The specifics of the IP transfer or licensing (such as whether the rights are exclusive, transferable, or time-limited) should be clearly outlined in the project contract between the freelancer and the client. Firasti.com encourages both parties to establish clear agreements regarding the use and ownership of the work before the project begins.
7.2. Dispute over IP Ownership
In cases where there is a dispute between the freelancer and client regarding the ownership or usage rights of intellectual property, Firasti.com will not intervene in the matter unless a formal legal request is made. It is the responsibility of the freelancer and client to resolve any IP disputes. We strongly recommend that users consult legal professionals for advice on IP matters.
8. Termination and Suspension of Accounts
8.1. Violations of IP Rights
If Firasti.com determines that a user has repeatedly infringed upon the intellectual property rights of others, or if a user is found to be engaged in fraudulent or malicious activities related to IP violations, Firasti.com reserves the right to suspend or permanently terminate the user’s account.
8.2. Notification of Termination
Users whose accounts are terminated due to IP violations will be notified via email. Depending on the severity of the violation, Firasti.com may also report the user to relevant authorities or take other appropriate actions.
9. Policy Changes and Updates
9.1. Modifications to this Policy
Firasti.com reserves the right to update or modify this Intellectual Property Claims Policy at any time. Any changes will be communicated to users through the platform or via email. Users are encouraged to review this policy periodically to stay informed about their rights and obligations.
Contact Information
If you have any questions regarding intellectual property rights or need to file an intellectual property claim, please contact Firasti.com support at:
Email: support@firasti.com
Phone: [Insert Phone Number]
Website: [Insert URL]
By using Firasti.com, you acknowledge that you have read, understood, and agree to the terms outlined in this Intellectual Property Claims Policy.