Intellectual Property Right Infringement: Notice & Takedown

 

If you believe certain content on the Platform of TNW violates your intellectual property rights  or that of a person or company you represent, you can read in this document how to submit a claim and how your claim is processed by TNW.

 

Definitions

 

Content: includes, without limitation, information, data, text, artworks, photographs, videos, audio clips, music, written posts, articles, comments, logos, trademarks, software, scripts, graphics, designs, user interfaces, visual interfaces and interactive features generated, provided, or otherwise made accessible on the Platform.

 

Content Contributor: every person who contributs Content to the Platform or wishes to contribute Content to the Platform or has already done so.

 

Disputed Content: Content the Content Contributor created and  submitted to TNW and published by TNW on the Platform.

 

Intellectual Property

Rights: means any intellectual property rights trademarks, patents, copyrights, design rights, trade secrets and other rights in intangibles.

 

TNW: The Next Web B.V. having its registered office at (1017 AZ) Amsterdam, the Netherlands at Singel 542, registered with the Dutch Chamber of Commerce under number: 63750120;

 

Platform: the TNW websites, including – but not limited to – https://thenextweb.com/, mobile applications or other (online/electronic) platforms of TNW.

 

Filling a claim

 

1. For TNW to process a claim, the claim will need to contain the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the work claimed to have been infringed or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the Disputed Content that is claimed to be infringing 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 TNW to locate the material. Providing URLs in the body of an email is the best way to help TNW locate the Disputed Content quickly;
  • Information reasonably sufficient to permit TNW to contact you, such as an address, telephone number, and, if available, an electronic e-mail address at which  you can be contacted.

 

2. The claim can be filed via e-mail privacy@thenextweb.com or via the following postal address:

 

The Next Web

Singel 542

1017 AZ Amsterdam

The Netherlands

 

Processing your claim

3. TNW will first check if you submitted all the required information under article 1. If not TNW will ask you to provide this information within a period of two (2) weeks. If you do not provide the required information within the aforementioned period or do not ask TNW for an extension of the term within these two (2) weeks TNW will not process your claim.

 

4. If your claim is complete TNW will then asses if the Disputed Content is created by a Content Contributor employed by TNW or a third party Content Contributor.

 

TNW Content Contributor

5. TNW will determine based on your claim and the information you provided if there is an intellectual property rights infringement within a period of two (2) weeks. If TNW cannot determine if there is an intellectual property right infringement TNW can notify you that it will extend the aforementioned period with four (4) weeks.

 

6. TNW will take the Disputed Content offline or remove it for the time there is no clarity that you (or the person/company you are representing) or TNW is the rightful owner of the intellectual property rights of the  Disputed Content and / or TNW has an adequate license to submit and publish the Disputed Content.

 

7. If TNW establishes, at its sole discretion,  that you are the rightful owner or authorized to represent the rightful owner TNW will permanently remove the Disputed Content.  

 

Third party Content Contributor

8. TNW will sent the claim to the third party Content Contributor with the question to respond to you directly within two (2) weeks of the notice by TNW and sent a copy of the response to TNW.

 

9. Please note that if the third party Content Contributor fails to respond to you within the term in article 8 or fails to ask you for an extension of the reaction term within the term mentioned in article 8 and fails to mention a definitive term of response not exceeding four (4) weeks, TNW will permanently delete the Disputed Content within four (4) weeks of giving notice to the third party Content Contributor.

10. In any case TNW will remove the Disputed Content after receiving a copy of the third party Content Contributor if TNW determines, at its sole discretion, that you are the rightful owner or representing the rightful owner of the intellectual property rights of the Disputed Content or cannot at its sole discretion determine who is the rightful owner of the intellectual property rights of the Disputed Content.

 

11. TNW will notify you and the third party Content Contributor within two (2) weeks after receiving the response of the third party Content Contributor if TNW removes, delete or denies access to the Disputed Content or not. TNW has no obligation to state you or the third party Content Contributor the reason why TNW removes, delete or denies access to the Disputed Content or not.

 

12. TNW has the right to take the Disputed Content  offline or remove it at all time as long as there is no clarity about the rightful owner of the intellectual property rights  of the Disputed Content.

 

Damages

13. If you also claim damages  for the infringement of your intellectual property rights you will  have the obligation to provide TNW with all the proof necessary to establish if the damages were actually incurred and if the amount of damages is correct.

 

14. TNW is not liable for any damages which are the result of a third party Content Contributor infringing your intellectual property rights or the person/company you represent. You must file your claim directly with the original claim of the intellectual property right infringement for TNW and sent it to the third party Content Contributor. In all other cases TNW will sent you the contact details of the third party Content Contributor, if TNW can establish who is the third party Contributor.