Intellectual Property Copyright Claims (DMCA, Trademark Infringement)

Last updated: July 2020

TutorOcean’s marketplace and SaaS platform content is based on User Generated Content (UGC). TutorOcean does not check user or host uploaded/created content for violations of copyright, trademark or any other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below as TutorOcean is strongly committed in protecting your intellectual property copyright to the best of our abilities. 

Reporting Claims of Copyright Infringement

In order to allow us to review your request promptly and effectively, all copyright infringement notices (“Notice”) should include the following proof of copyright:

  • Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
  • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
  • Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
  • A short description of how our user(s) allegedly infringe(s) your copyright(s) including any screenshots
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the specific url, description, image, item, etc.
  • Your complete name, address, email address, and telephone number
  • A statement that you have in good faith believe that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed
  • Your electronic or physical signature
  • And if you are submitting on an owners behalf, we require some proof of that relationship and that you have the right to submit any requests on their behalf

Please kindly send your Notice of DMCA / Copyright Claims to either:

TutorOcean
Attention: DMCA / Copyright Claims Agent
535 Legget Dr, Suite 100
Kanata, ON
K2K 3B8
Canada

OR

Alternatively you can submit the Notice electronically to DMCA@tutorocean.com.

Please Note: To ensure a clear and transparent process, we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond in a timely manner. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response immediately. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with DMCA “Safe Harbors” 17 U.S.C. Section 512 and other applicable laws.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

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

Trademark Infringement

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

  • Identification of your trademark and the goods/services for which you claim trademark rights
  • Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
  • A short description of how our user(s) allegedly infringe(s) your trademark(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
  • Your electronic or physical signature

You can send your Notice to:

TutorOcean 
535 Legget Dr, Suite 100
Kanata, ON
K2K 3B8
Canada

OR

Alternatively you can submit the Notice electronically to trademarkcomplaints@tutorocean.com.

Please Note: To ensure a clear and transparent process, we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with the applicable law.

Counter-Notification Procedures

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our DMCA / Copyright Claims contact details (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • 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
  • Adequate contact information by which we can easily reach you (including your name, postal address, telephone number and, if available, e-mail address)
  • A statement under penalty of perjury by you that you have in 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
  • 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 for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue
  • Your physical or electronic signature

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 

Our Commitment

TutorOcean will look into all reported violations and will remove or disable content shown to be violating third party rights.

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