Greelance Inc. Intellectual Property, Copyright, Trademark, Virtual Patent Marking and Notices

 Greelance Inc. is a platform where Clients advertise their contractual jobs requirements and avail the services of Agency and/or Freelancers, on their application in respective fields of specialization at Greelance Inc. Platform through its Website, App or Digital Wallet. Subject to the Terms of Service & User Agreement of Greelance Inc., Freelancers/Agency and Clients transact with each other and enter into an Agreement at an hourly or fixed contractual price, which is exclusively offered by the Freelancer/Agency and accepted by the Client at their free will and own decision. Greelance Inc. does not take part in finalizing the hourly or fixed contractual price among the Client and the Freelancer/Agency. Greelance Inc. provides only a Platform to both the Client and the Freelancer/Agency, for which it charges an amount of Surcharge/Service Charges @10% from the Client and @5% from the Freelancer/Agency. Greelance Inc. provides its copyright and patent-protected platform in the form of a Website, an App, and a Digital Wallet to all its Platform users, which shall exclusively be the property of the Greelance Inc. Any infringement of Greelance Inc.’s Website, App or Digital wallet shall lead to criminal proceedings against the infringer.

Greelance Inc. services are accessed at www.greelance.com and/or via an Application or Wallet and protected in the United States and elsewhere by the U.S. Patents listed herein.  Greelance Inc.’s Website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of America Invents Act and provide notice under 35 U.S.C. §287(a). 

All the Apps, Website, and Digital Wallet shall remain as Intellectual Property of the Greelance Inc., and Civil as well as Criminal Legal Proceedings, shall be initiated if any of the Entity or an Individual shall infringe any of its parts.

Greelance Inc. Services whether accessed at www.greelance.com and/or via an Application/Wallet are covered by U.S. Patent/Trademark Act and EULA.

Intellectual Property Claims and its Reporting:

Greelance Inc. shall provide its Website, App and Digital Wallet to its platform users. All the Job Postings, Content Postings, Resume Postings, Profile Pictures, Project Description, Videos/Photographs, blogs, Entity Profiles shall exclusively be posted by the Greelance Inc. Platform users and Greelance Inc. shall have no control over it. However, if any of the Entity/Individual feels that any of it infringes any of the Patent, Trademark, Copyright, He/She/it should report immediately to the Greelance Inc. and send a written “DMCA Notice” at the below-mentioned address;

DMCA/ Copyright/ Patent/ Trademark Compliance Manager

Greelance Inc. Head Office:

4827 Old national Highway,

#118, College Park,

Georgia – 30337

Note: Please ask for confirmation of Notice Delivery at compliance@greelance.com

DMCA (Digital Millennium Copyright Act) Notice Requirement:

While sending a  DMCA Notice to the Greelance Inc. for any infringement done by the Platform User of Greelance Inc., you are requested to take care of the following checklist;

  1. DMCA Notice must be signed physically or digitally.
  2. A detailed description of the infringement must be given along with links.
  3. Ownership proof (Copy of Certificate) of the infringed data, video, photo, blog.
  4. Complete credentials like Name, Individual/Entity Address, Phone Number, Email Address.
  5. Identity Proof.
  6. A Statement in good faith that your alleged infringement notice is not based on misrepresentation, as described in U.S. Code § 512 (f), which is reproduced as under;

“DMCA Section 512 (f) Misrepresentations—Any person who knowingly materially misrepresents under this section—

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”

AND

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.

Note 1: Notice without compliance with the above said mandatory requirement shall not be treated as a valid DMCA Notice and may not be effective.

Note 2: if you as an Entity/ Individual knowingly misrepresent in your DMCA Notice that material on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) as described under Section 512(f) of the DMCA.

Action by Greelance Inc. on receipt of DMCA Notice:

On receipt of DMCA Notice, Greelance Inc. may take any of the following actions;

  1. Greelance Inc. may immediately remove the infringed Copyright, Image, Video, Blog, Profile, Profile Picture, Profile writeup, if an infringement is clearly visible.
  2. Greelance Inc. may immediately suspend/terminate any of the Clients/Agencies/Freelancers Account if the Greelance Inc. finds it in violation of any Act or clearly infringes other Entity/Individual Intellectual Property.
  3. Greelance Inc. may give an opportunity to the infringer to give clarification on the infringement and may forward a copy of DMCA Notice received from an Individual or an Entity. 

Counter-Notification Procedure:

If any Client/ Agency/ Freelancer believes that Material, Copyright, Image, Video, Blog, Profile, Profile Picture, Profile writeup, posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a written Counter-Notification with the following;

DMCA/ Copyright/ Patent/ Trademark Compliance Manager

Greelance Inc. Head Office:

4827 Old national Highway,

#118, College Park,

Georgia – 30337

Note: Please ask for confirmation of Counter-Notification Delivery at compliance@greelance.com

While sending a Counter-Notification to the Greelance Inc., you are requested to take care of the following checklist;

  1. Counter-Notification must be signed physically or digitally.
  2. A detailed description of the removed material must be given along with links.
  3. Ownership proof (Copy of Certificate) of the infringed data, video, photo, blog.
  4. Complete credentials like Name, Individual/Entity Address, Phone Number, Email Address.
  5. Identity Proof.
  6. A Statement in good faith that your Counter-Notification is not based on misrepresentation, as described in U.S. Code § 512 (f), which is reproduced as under;

“DMCA Section 512 (f) Misrepresentations.—Any person who knowingly materially misrepresents under this section—

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”

AND

A statement made under penalty of perjury that the information provided in the Counter-Notification is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed.

Note 1: Counter-Notification without compliance of the above said mandatory requirement shall not be treated as a valid Counter-Notification and may not be effective.

Trademark Infringement:

Greelance Inc. shall provide its Website, App and Digital Wallet to its platform users. All the Job Posting, Content Posting, Resume Posting, Profile Pictures, Project Description, Videos/ Photographs, blogs, Entity Profiles shall exclusively be posted by the Greelance Inc. Platform users and Greelance Inc. shall have no control over it. However, if any of the Entity/Individual feels that any of it infringes any of the Patent, Trademark, He/She/it should report immediately to the Greelance Inc. and send a written “TM Notice” at the below-mentioned address;

DMCA/Copyright/Patent/Trademark Compliance Manager

Greelance Inc. Head Office:

4827 Old national Highway,

#118, College Park,

Georgia – 30337

Note: Please ask for confirmation of Notice Delivery at compliance@greelance.com

TM  Notice Requirement:

While sending a  “TM Notice” to the Greelance Inc. for any infringement done by the Platform User of Greelance Inc., you are requested to take care of the following checklist;

  1. TM Notice must be signed physically or digitally.
  2. A detailed description of the infringement must be given along with links.
  3. Ownership proof (Copy of Certificate) of the infringed Trademark/Patent.
  4. Complete credentials like Name, Individual/Entity Address, Phone Number, Email Address.
  5. Identity Proof/ Incorporation Certificate.
  6. A Statement in good faith that your alleged “ TM Notice” is not based on misrepresentation.
  7. Statement made under penalty of perjury that the information provided in the notice is accurate and that you are the Trademark owner or the owner of an exclusive right that is being infringed.

Note 1: TM Notice without compliance of the above said mandatory requirement may not be effective.

Action by Greelance Inc. on receipt of TM Notice:

On receipt of  TM Notice, Greelance Inc. may take any of the following actions;

  1. Greelance Inc. may immediately remove the infringed Trademark/Patent.
  2. Greelance Inc. may immediately suspend/terminate any of the Client/Agency/Freelancer Account if the Greelance Inc. finds it in violation of any Act or clearly infringes other Entity/Individual Trademark/Patent.
  3. Greelance Inc. may give an opportunity to the infringer to give clarification on the infringement.

Repeat Client/Agency/Freelancer Infringers:

It is policy of Greelance Inc. to disable and/or terminate the accounts of Clients/Agency/Freelancers’ who are repeat infringers.                                       

 

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