PollPerk™ Copyright & Intellectual Property Policy

# Copyright & Intellectual Property Policy

1. General

   This Copyright and Intellectual Property Policy (the “Policy”) is part of and incorporates by reference all terms, conditions, rules, policies, and guidelines on the website, including the Terms of Service (the “Terms of Service”). This Policy governs the method and manner for notifying us of any third-party infringement of your copyright content or intellectual property rights. By clicking “I accept” or continuing to use the PollPerk™ Platform, you agree to be bound by this Policy. Capitalized terms not defined in this Policy are defined in the Terms of Service.

2. DMCA Takedown Notice and Copyright Infringement

   We take copyright infringement very seriously and are committed to complying with US laws regarding the infringement of a user’s copyrights. Pursuant to 17 U.S.C. § 512, referred to hereafter as the Digital Millennium Copyright Act (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement in accordance with DMCA rules and regulations. If you believe that another user or a third party has infringed on your copyrights, please send us a takedown notification immediately. Pursuant to the DMCA, your DMCA takedown notification must include the following:

   • The name of the party whose copyright has been infringed, if different from your name.
   • Identification of the work that is being infringed.
   • Identification of the location on our Platform where the infringing copy is posted.
   • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
   • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

   Please be aware that we may not take any action regarding your notification unless it strictly complies with the foregoing requirements. Please send this takedown notification by mail to:

   Attn: Copyright Agent
   SmartXaaS LLP,
   Building No RP-38, Sector 132
   Rohilapur
   Noida, Uttar Pradesh - 201304, India
   

   And by email to:

   Attn: Copyright Agent
   [email protected]

3. Counter-Notice Procedures

   If you receive a notification stating that content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must include the following:

   • Your name, address, email, and physical or electronic signature.
   • The notification reference number (if applicable).
   • Identification of the material and its location before it was removed.
   • A statement under penalty of perjury that the material was removed by mistake or misidentification.
   • Your consent to the jurisdiction of a federal court in the district where you reside (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.).
   • Your consent to accept service of process from the party who submitted the takedown notice.

   Please be aware that we may not take any action regarding your counter-notice unless it strictly complies with the foregoing requirements. Please send this counter-notice by mail to:

   Attn: Copyright Agent
   SmartXaaS LLP,
   Building No RP-38, Sector 132
   Rohilapur
   Noida, Uttar Pradesh - 201304, India
   

   And by email to:

   Attn: Copyright Agent
   [email protected]

4. Intellectual Property Infringement

   If you believe that any of your intellectual property rights have been infringed upon, including but not limited to trademarks, logos, service marks, or other intellectual property rights, other than copyrights, please send us your information in a manner that substantially complies with Section 1 of this Policy.

5. Questions

   If you have any questions regarding this Policy or wish to report an instance of copyright or intellectual property infringement, please contact us at:

   Copyright Agent
   SmartXaaS LLP,
   Building No RP-38, Sector 132
   Rohilapur
   Noida, Uttar Pradesh - 201304, India
   [email protected]