TERMS
Key Terms
Accepted Orders are the formal agreements between a Buyer and Seller after a client’s order was accepted by an artist to provide a service.
Buyers are users who purchase services on TINDART
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered service.
Preliminary Offer is the first order that needs to be accepted by the artist in order to advance to the next phase where the buyer can do the payment and send a detailed project description.
Sellers are artists who offer and perform services in form of murals or tableaus.
Overview
Only registered users may buy and sell on TINDART. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
Buyers pay TINDART. in advance to create an order
Orders are purchased through the Order button found the artist page.
Sellers must fulfill their accepted orders, and may not cancel orders on a regular basis or without cause. Cancelling accepted orders will affect Sellers’ reputation and status.
Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services such as gallery expositions, higher referral rates etc.
Users may not offer or accept payments using any method other than placing an order through TINDART
When purchasing a service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their service page.
TINDART retains the right to use all published delivered artworks for marketing and promotion purposes.
We care about your privacy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
SELLERS
Basics
Sellers create Accounts on Tindart to allow Buyers to view their accounts and make custom orders accordingly.
Each Artwork you sell and successfully complete, accredits your account with a revenue equal to 55% of the purchase amount.
The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
Levels
TINDART is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, TINDART may reward them with new statuses, special opportunities, benefits, and tools that come with it.
TINDART Sellers can gain account Levels based on their activity, performance and reputation.
Advancement in Levels are updated periodically by an automated system.
Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
Advanced levels provide their owners with additional benefits, including gallery expositio opportunities etc.
Top Rated Sellers
Top Rated Sellers are chosen automatically by TINDART editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more exposure to TINDART.
Top Rated eligibility is constantly evaluated by TINDART to ensure that the quality standards and expectations of the Top Rated selection is kept. TINDART retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.
Tindart Business Catalog
Tindart Business is a freelance platform tailor-made for larger teams and businesses. Sellers on the Tindart Business catalog are required to comply with certain professional standards. Eligible Sellers whose Gigs are included in the Tindart Business catalog will be regularly evaluated by Tindart to ensure their high-quality professionalism is kept. Tindart reserves the right to remove Sellers and Gigs from the Tindart Business catalog.
Seller Features
Tindart Sellers have access to several exclusive features that help customize the way their services can be offered.
Custom Offer
Sellers can also send Custom Offers addressing specific requirements of a Buyer.
Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
Services provided through Custom Offers may not violate Tindart’s Terms of Service and/or our Community Standards.
Shipping Physical Deliverables
Some of the services on Tindart are delivered physically. For these types of Gigs, Sellers may decide to define a shipping pricing factor.
Gigs that include a shipping pricing factor must have physical deliverables sent to Buyers.
Shipping costs added to a Gig only pertains to the cost Sellers require to ship physical items to Buyers.
Important: Buyers who purchase Gigs that require physical delivery, will be asked to provide a shipping address.
Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
Tindart does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
BUYERS
Basics
You may not offer direct payments to Sellers using payment systems outside of the Tindart platform.
Tindart retains the right to use all publicly published delivered works for Tindart commercial marketing and promotional purposes.
Purchasing
Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through Tindart Anywhere.
You may not offer Sellers to pay, or make payment using any method other than through the tindart application. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support on [email protected]
Basics
Once payment is confirmed, your order will be created and given a unique Tindart order number.
An Order is marked as Complete after it is received by a Buyer. An Order will be automatically marked as Complete 15 days after being shipped.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Tindart’s Customer Support department by mail at [email protected].
When a Buyer orders a Gig, the Seller is notified by email or phone.
Users are responsible for scanning all transferred files for viruses and malware. Tindart will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Reviews
Feedback reviews provided by Buyers while completing an Order are an essential part of Tindart’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Tindart platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Tindart platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Buyers are publicly displayed on a Seller’s Gig page.
Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Tindart’s Customer Support department for assistance at [email protected].
User Conduct and Protection
Tindart enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Tindart reflect the diversity of an expanding Gig economy. Members of the Tindart community communicate and engage through orders, social media, and on Tindart’s Community Forums.
Tindart maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Tindart. This section relates to the expected conduct users should adhere to while interacting with each other on Tindart.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team on [email protected]
Basics
To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Tindart in order to circumvent or abuse the Tindart messaging system or Tindart platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
Tindart does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
Tindart does not provide protection for users who interact outside of the Tindart platform.
All information and file exchanges must be performed exclusively on Tindart’s platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
Tindart is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through Tindart to contract, engage with, or pay outside of Tindart.
Orders
Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
Gigs
Users may report Gigs to Customer Support that may be in violation of Tindart’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs).
Sellers warrant that any content included in their Gigs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.
Tindart will respond to clear and complete notices of alleged copyright or trademark infringement.
Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
Violations
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage
Adult Services & Pornography – Tindart does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Tindart should be friendly, constructive, and professional. Tindart condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Tindart will not be protected by our Terms of Service.
Authentic Tindart Profile – You may not create a false identity on Tindart, misrepresent your identity, create a Tindart profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Tindart reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Tindart will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use Tindart for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active Tindart account and one active Tindart Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Tindart community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Tindart’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Tindart. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Tindart accounts.
Proprietary Restrictions
The Site, including its general layout, design and content, is exclusively owned by Tindart and protected by copyright and trademark law. Tindart®, are all registered trademarks owned exclusively by Tindart. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Feedback Rights
To the extent that you provide Tindart with any comments, suggestions or other feedback regarding the Tindart platform or the Site as a whole, as well as other Tindart products or services (collective, the “Feedback”), you will be deemed to have granted Tindart an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Tindart is under no obligation to implement any Feedback it may receive from users.
Confidentiality
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
General Terms
Tindart reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
Violation of Tindart’s Terms of Service and/or our Community Standards may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on Tindart.
Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Disputes should be handled using Tindart’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Tindart Customer Support.
Tindart may make changes to its Terms of Service from time to time. When these changes are made, Tindart will make a new copy of the terms of service available on this page.
You understand and agree that if you use Tindart after the date on which the Terms of Service have changed, Tindart will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Tindart by our users (Buyers and Sellers) is User Generated Content. Tindart does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Tindart platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Tindart is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Tindart. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.
Ownership
Ownership and limitations: When purchasing an Artist product with TINDART, unless clearly stated otherwise on the Seller’s page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. If you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload toTINDART, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by TINDART for no consideration for marketing and/or other purposes.
Commercial Use License
By purchasing a “Commercial Use License” with your Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Signature’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Signature will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TINDART NOR ANY PERSON ASSOCIATED WITH TINDART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Machine Translation
Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL TINDART, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with TINDART, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
COPYRIGHT INFRINGEMENT
Signature.inc and WeArt content is based on User Generated Content (UGC). TINDART does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. TINDART looks into reported violations and removes or disables content shown to be violating third party rights.
In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:
Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
A short description of how our user(s) allegedly infringe(s) your copyright(s)
Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the url, a link to the deliverable provided to a user, etc.
Your complete name, address, email address, and telephone number.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
Your electronic or physical signature
You can send your Notice to our designated DMCA / Copyright Claims Agent at:
TINDART
Attention: Copyright Claims
163 Rue Saint-Paul Ouest
Montréal H2H 1K3, Canada
Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with 17 U.S.C Section 512 and other applicable laws.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
COUNTER-NOTIFICATION PROCEDURES
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our DMCA / Copyright Claims agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.]
TRADEMARK INFRINGEMENT
TINDART content is based on User Generated Content (UGC). TINDART and its app does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. TINDART looks into reported violations and removes or disables content shown to be violating third party trademark rights.
In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:
Identification of your trademark and the goods/services for which you claim trademark rights
Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
A short description of how our user(s) allegedly infringe(s) your trademark(s)
Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
Your complete name, address, email address, and telephone number.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
Your electronic or physical signature
You can send your Notice to:
Attention: Trademarks Complaints
163 Rue Saint-Paul Ouest
Montréal H2H 1K3, Canada
Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.
REPEAT INFRINGERS
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.