IP Infringement and Takedown Policy
This Policy applies to the materials published by Free Kids Coloring
Pages (“the Website”) on the website at freekidscoloringpages.com.
1. Definitions and Interpretation
In this Policy the following terms shall have the following
meanings:
“Business Day”
means any day (other than Saturday or Sunday) on which ordinary banks
are open for their full range of normal business in the UK;
“Infringing Material”
means any material published by the Company which is alleged (and/or
found) to infringe any Intellectual Property Rights;
“Intellectual Property Rights”
means any and all patents, rights in inventions, rights in designs,
trade marks, trade and business names and all associated goodwill, rights to sue for passing-off
or for unfair competition, copyright, moral rights and related rights, rights in databases,
topography rights, domain names, rights in information (including know-how and trade secrets)
and all other similar or equivalent rights (subsisting now or in the future) in any part of the
world, in each case whether registered or unregistered and including all applications for, and
renewals or extensions of, such rights for their full term;
“Notice”
means a communication received by the Company informing us of an
alleged infringement.
2. Notice and Take Down
- 2.1 Whilst the Company
has made all reasonable efforts to ensure that all materials published by it do not infringe
the Intellectual Property Rights of any third party, the risk of such infringement cannot be
entirely removed. - 2.2 Under the terms of
this Policy, a third party who identifies any material belonging to them which has been used
by the Company without the requisite consent should contact the Company using the procedures
set out herein.
3. Notice Procedure
- 3.1 If you identify any
material protected by Intellectual Property Rights belonging to you in any material
published by the Company you should immediately contact the Company using the following
procedure:- 3.1.1 Send a
message to the Company using the form at the bottom of this page, containing the
following details:- 3.1.1.1
Your name and contact details; - 3.1.1.2
Full details of the material you believe to be infringing. This may include,
for example, URLs, highlighted copies of material containing infringing
material, screenshots and/or any other evidence you feel appropriate; - 3.1.1.3
Details of the alleged infringement; - 3.1.1.4
Proof of your ownership of the Intellectual Property Rights subsisting in
the Infringing Material or of your right to contact us on behalf of the
owner of such rights.
- 3.1.1.1
- 3.1.1 Send a
- 3.2 The Company shall
acknowledge receipt of all Notices within 7 Business Days.
4. Assessment and Take Down
- 4.1 Following receipt
of a Notice, the Company shall make a preliminary assessment of the alleged infringement in
order to determine its plausibility and validity. - 4.2 If the outcome of
the preliminary assessment shows that the complaint in the Notice is plausible and valid,
the Infringing Material will be removed pending the completion of our enquiries and/or the
reaching of an agreement between the Company and you. - 4.3 In the event that
the Infringing Material was provided to the Company by a third party, the Company will
contact that third party in the course of its enquiries in order to determine the extent of
that third party’s rights over the Infringing Material. - 4.4 In cases where it
is deemed necessary and appropriate, the Company shall seek legal advice in order to resolve
any matters of infringement. - 4.5 Following the
Company’s preliminary assessment of the alleged infringement, we shall contact you in order
to inform you of the outcome of the assessment and to discuss, where relevant, an
appropriate resolution to your complaint.
5. Resolution of Complaints
- 5.1 The Company shall
use all reasonable endeavours to resolve complaints quickly and fairly. One of the following
outcomes shall be desirable (but not guaranteed):- 5.1.1 Where no
infringement is found, the (alleged) Infringing Material shall remain without
modification; - 5.1.2 The
Infringing Material shall be replaced without modification without the requirement
for licensing fees; - 5.1.3 The
Infringing Material shall be replaced without modification under the terms of a
negotiated paid licence; - 5.1.4 The
Infringing Material shall be replaced with modifications to remove infringing
elements; or - 5.1.5 The
Infringing Material shall be removed and not republished.
- 5.1.1 Where no
- 5.2 In the event that a
complaint cannot be resolved the Infringing Material shall remain removed indefinitely or
until such time that an appropriate resolution is reached. - 5.3 In the event that a
complaint cannot be resolved and becomes the subject of legal proceedings, the Infringing
Material shall remain removed, the provisions of this Policy shall cease to apply and the
complaint shall be resolved as the parties, their legal advisors and/or the courts of
England & Wales may direct.
6. Changes to this Policy and Procedure
The Company reserves the right to change this Policy as we may deem
necessary from time to time or as may be required by law.
IP Infringement Form
Please see Section 3 above re the Notice Procedure detailing the
information that is required when completing this form.