Te Toki Waka Hourua’s policy is to respond promptly to notification of alleged online intellectual property infringement. Please use the following procedures to notify us of a claimed infringement.
Our response to your submitted infringement notification may include removing or disabling access to material proven to be the subject of infringing activity, and/or terminating the offending account holder. If we remove or disable access in response to your claim, a copy of your notice will be forwarded to the submitter of the allegedly infringing material, so that they may submit a Counter-Notification if the situation warrants.
When notifying us of your claim of infringement, you must provide written notice in the form as specified below. Please note that you will be liable for any and all damages, including costs and attorneys’ fees, if you misrepresent that your copyright has been infringed upon. If you are not certain that the online material infringes upon your copyright, we suggest that you first contact an attorney.
COPYRIGHT INFRINGEMENTS
Copyright Infringement “Notice and Takedown” Pursuant to the DMCA
1. Identify in sufficient detail the copyrighted work you believe has been infringed upon.
2. Identify the alleged infringing material listed in item 1 above.
3. List the URL(s) where the alleged infringement occurs.
4. Provide information reasonably sufficient to permit Te Toki Waka Hourua to contact you, including your email address.
5. Provide information sufficient to permit Te Toki Waka Hourua to notify the owner/administrator of the allegedly infringing webpage or other content, including your name, address, telephone number and email address.
6. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent or the law.”
7. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
8. Sign and date the statement.
9. Email the written communication to [email protected]. URL(s) mustbe included in the body of the email, in addition to your notice attached as a .pdf document.
For any additional questions regarding this process, please email [email protected].
TRADEMARK INFRINGEMENTS
If you feel that your trademark has been infringed upon, please submit notice to us in the following format:
Trademark Infringement “Notice and Takedown”
1. Identify in sufficient detail the trademark you believe has been infringed upon.
2. Identify the alleged infringing material listed in item 1 above, including Registration number, Serial number and class.
3. List the URL where the alleged infringement occurs.
4. Provide information reasonably sufficient to permit Te Toki Waka Hourua to contact you, including your email address.
5. Provide information sufficient to permit Te Toki Waka Hourua to notify the owner/administrator of the allegedly infringing webpage or other content, including your name, address, telephone number and email address.
6. Include the following statement: “I have a good faith belief that use of the trademark described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent or the law.”
7. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
8. Sign and date the statement.
9. Email the written communication to [email protected]. The URL must be included in the body of the email, in addition to your notice attached as a .pdf document.
Counter Notification by the Poster of the Allegedly Infringing Material
You may make a counter notification if allegedly infringing material originally posted by you has been removed. When we receive a counter notification, we will investigate your claim and may reinstate allegedly infringing material.
To file a counter notification with us, you must provide a written communication by email to [email protected] which sets forth the items specified below. Please note that you will be liable for any and all damages, including costs and attorneys’ fees, if you misrepresent that you are legally permitted to post the copyrighted item. If you are not certain if you have the right to the material, we suggest that you first contact an attorney.
