Intellectual Property Claims (Copyright and Trademark Infringement)
Last Updated: February 2022
REPORTING COPYRIGHT INFRINGEMENT
At The SA Way, we rely on User Generated Content (UGC). We do not routinely inspect user-generated content for potential copyright or other infringements. However, if you believe that any content uploaded infringes upon your copyright or exclusive rights, please follow the procedure below. We take these reports seriously and promptly address any violations by removing or disabling the content.
To assist us in a quick and effective review, please provide a Copyright Infringement Notice (“Notice”) with the following information:
- Identify your copyrighted work and specify what is protected under your copyright.
- Provide details about your copyright, including registration status (registered or unregistered).
- Include evidence of your ownership, such as a registration number or a copy of the registration certificate.
- Describe how our users are allegedly infringing on your copyright.
- Share your full name, address, email address, and telephone number.
- Confirm that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- Make a statement under penalty of perjury that the information provided is accurate, and you are the copyright owner or authorized to make the complaint.
- Attach your electronic or physical signature.
Send your Notice to our designated DMCA/Copyright Claims Agent at the following address:
The SA Way Attention: DMCA/Copyright Claims Agent 15 President Band Street Tel: (+27)71 552 7078
Please be aware that we will inform the allegedly infringing user and provide an opportunity for them to respond. If sufficient evidence of infringement is provided, we may remove or suspend the reported materials. We will act in accordance with 17 U.S.C Section 512 and other applicable laws.
If the requirements of Section 512(c)(3) of the DMCA are not met, your DMCA Notice may not be effective.
Please note that making a false claim of copyright infringement may lead to liability for damages under Section 512(f) of the DMCA.
TRADEMARK INFRINGEMENT
If you suspect that your content was mistakenly taken down or access was disabled, you have the option to submit a Counter-Notice to us. This Counter-Notice should encompass the following:
- Your physical or electronic signature.
- Clear identification of the material that was previously removed or disabled and its prior location.
- Adequate contact details for effective communication.
- A statement, under the risk of perjury, indicating that the removal or disabling was a result of an error or misidentification.
- Agreement to the jurisdiction of the Federal District Court.
It’s important to note that if the original DMCA Notice issuer does not initiate legal proceedings against you within ten business days, we may reinstate the content that was removed. However, submitting a false counter-notification can expose you to potential damages