Anti-counterfeiting & anti-piracy policy

Special terms used in this policy:

·      Content: Any form of material or information, whether digital or otherwise provided by an Advertiser to the Adcash  platform;

·      Service: Distribution of Content through the Adcash  platform.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When providing Content to the Adcash platform or acting as a Publisher in accordance with Adcash General Terms and Conditions and as modified from time to time, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service, providing Content and acting as a Publisher is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Adcash account The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services.

Adcash reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service. Adcash intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the terms and conditions of this anti-counterfeiting & anti-piracy or of any applicable laws.

 

 

COPYRIGHT INFRINGEMENT

Adcash has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on Adcash website or with the Service. Adcash has adopted a policy that provides for the possibility of immediate suspension and/or termination of any Adcash website or Service user who is found to have infringed on the rights of Adcash or of a third party, or otherwise violated any intellectual property laws or regulations. Adcash’s policy is to investigate credible allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Adcash to instruct its subscriber to delete, edit, or disable the material in question, you must provide Adcash  with all of the following information:  (a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;  (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Adcash to locate the material;  (d) Information reasonably sufficient to permit Adcash  to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;  (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Adcash ’s designated agent:

Adcash  OÜ

Kentmanni 4, 10116

Tallinn, ESTONIA

Email: [email protected] .com

ALLEGED VIOLATIONS

In the event that it is determined by Adcash, in its sole discretion, that a Publisher or Advertiser has engaged in repeat violations of its policy, in addition to any other remedies which might be available, Adcash  shall have the right, but not the obligation to terminate the Service of the offending Publisher or Advertiser without notice. Irrespective of the foregoing, Adcash reserves the right to terminate your use of the Service and/or the Adcash website. To ensure that Adcash provides a high quality experience for you and for other users of the Adcash website and the Service, you agree that Adcash or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Adcash  website or the Service. Adcash does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Adcash reserves the right to terminate your account or your access to the Adcash website immediately, with or without notice to you, and without liability to you, if Adcash believes that you have violated any of the terms and conditions of this anti-counterfeiting & anti-piracy policy, furnished Adcash with false or misleading information, or interfered with use of the Adcash platform or the Service by others.

NOTIFICATION PROCEDURES

Adcash will accept and process valid, reasonable, and sufficiently detailed notices from rights holders or their designated agents regarding Sites in the Adcash  network alleged to be principally dedicated to selling counterfeit goods or engaging in copyright piracy and to have no substantial non-infringing uses. To enable Adcash to respond most effectively, such notices should provide information outlined above. Adcash publicly posts the contact information for its designated agent for receiving such notices from rights holders or their designated agents which is as set forth above.

Upon receipt of a valid notice, Adcash  may perform an appropriate investigation into the complaint, including a determination of whether the Site has a direct contractual relationship with Adcash. Adcash may take steps including but not limited to requesting that the Site no longer sell counterfeit goods or engage in copyright piracy, ceasing to place Adcash advertisements on that Site (or pages within that Site) until it is verified that the Site (or pages within the Site) is no longer selling counterfeit goods or engaging in copyright piracy, or removing the Site from the Adcash; Upon receipt of a valid notice, Adcash may consider any credible evidence provided by the accused Site that it is not principally dedicated to selling counterfeit goods or engaging in copyright piracy or has substantial non-infringing uses. Such credible evidence may take the form of a counter-notice containing the elements set forth in applicable law. In addition, Adcash may also consider any response by the rights holder to credible evidence provided by the accused Site in defense of its conduct.

 

OBJECTIVES

The policies and procedures of Adcash are independently designed to achieve reasonable mechanisms to help prevent the participation of Sites that are principally dedicated to selling counterfeit goods or engaging in copyright piracy and have no substantial non-infringing uses in Adcash ’s advertising programs based on the unique aspects and experience of Adcash. This statement is not intended to impose a duty on Adcash to monitor its network to identify such Sites. Similarly, it is understood that the voluntary best practices reflected in this statement should not, and cannot, be used in any way as the basis for any legal liability or the loss of any applicable immunity or “safe harbor” from such liability.

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