Notice and Take Down Policy

Notice and Take Down Policy

If you discover any content hosted at our Internet data facilities in Singapore which is unlawful e.g. infringement of copyright or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, or which otherwise constitutes any breach of Vodien’s Terms of Service, you may file a report of (alleged) unlawful content, directed at removal of disputed content (“Report” or “Reports”). This Notice and Take Down Policy describes the procedures and time limits Vodien applies in dealing with such Reports.

Report requirements

Any person or organization that makes a Report (“Notifier”) has the duty to ensure that the report is unambiguous, correct, complete and well substantiated.

Vodien must be able to verify that Reports as part of an investigation regarding a criminal offence have originated from the Singapore Police Force, or an order of Court by Singapore courts.

For Reports other than those stated above should include at least the following information:

  1. Notifier’s name, address, telephone number, facsimile number (if any) and email address, and the address for service in Singapore if the Notifier is not resident in Singapore;
  2. sufficient information to enable Vodien to identify the unlawful content and its online location;
  3. a statement that the Notifier requires Vodien to remove/disable access to the content;
  4. a statement that the Notifier, in good faith, believes that the content is unlawful;
  5. a description of why the content is unlawful according to the notifier, or why it is in conflict with Vodien’s Terms of Services;
  6. If the report regards an alleged infringement of an intellectual property right, like a copyright or trademark, a statement to prove that Notifier is the rightful owner or holder of these rights or that the he is entitled to act on behalf of the aforementioned party. In the event of the latter, the Notifier will have to provide the identity and contact details of the owner or holder of these rights;
  7. a statement that the information in the Report is accurate; and
  8. agreement that the Notifier agrees to submit to the jurisdiction of the Singapore courts.

All notices are to be sent via post:

Vodien Internet Solutions Pte Ltd 61 Ubi Ave 1 #05-07 Singapore 408941

Or contact us online.

Vodien reserves the right not to entertain any Reports that does not satisfy the requirements or is incomplete.

Indemnity

Notifier will provide Vodien with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions Vodien has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content hosted at our Internet data facilities.

Evaluation

Vodien will assess the Report on the basis on the applicable law, regulations or case law as well as the Vodien’s Terms and Conditions for Content Providers. If the report concerns a formal legal order from the Singapore courts regarding criminal Third Party Content, Vodien shall not make an assessment.

Vodien strives to make a decision as soon as possible, but in any event within 10 days after receipt of the report. If this is reasonably not possible, Vodien will inform you shortly on the reasons for the delay and the term in which you can expect a decision.

Measures to be Taken

Vodien will take action on the basis of the results of its assessment.

In the event that Vodien determines that the content concerned is not unequivocally unlawful, Vodien will inform you accordingly, together with the reasons for this where necessary.

In the event that Vodien determines that the concerned is unequivocally unlawful, illegal or harmful, Vodien will take reasonable steps to inform and provide the Content Provider first chance to respond to the request to remove the content. The Content Provider shall respond within 72 hours before Vodien implements measures such as complete suspension of Services, or block, or permanently remove content. Vodien at its own discretion may instantly block or remove the content by itself, if convinced that the content is unquestionably unequivocally.

In the event that it has not been possible to come to an unequivocal judgement as to whether the content concerned is unlawful, Vodien informs the Content Provider about the Report with the request to remove the content or to contact you. Should the Content Provider be unwilling to make him or herself known to you, Vodien may act as an intermediary between the Notifier and Content provider.

Appeals

The Content Provider may appeal the decision of the Report within 48 hours after measures have been implemented to disable or remove content. Vodien will take reasonable steps to restore the content, if it is technically and feasible to do so, except where court proceedings are commenced by the Notifier to prevent that content, or access thereto, from being restored, and Vodien is informed in writing of such proceedings.

  1. Content Provider’s name, address, telephone number, facsimile number (if any) and email address, and the address for service in Singapore if the Content Provider is not resident in Singapore;
  2. information to enable Vodien to identify the content removed or access was disabled and its online location before it was removed or disabled;
  3. a statement that the disabled or remove content is lawful or does not constitutes any breach of Vodien’s Terms of Service;
  4. If the report regards an alleged infringement of an intellectual property right, like a copyright or trademark, a statement that the Content Provider, in good faith, believes that the content was removed or access was disabled as a result of mistake or misidentification or the content does not infringe copyright in any content;
  5. a statement to provide Vodien with an explicit indemnity against 1) claims from the Notifier relating to any actions Vodien has taken in relation to handling the Report, and 2) any claims from Content Provider in relation to content hosted at our Internet data facilities.
  6. a statement that the information in the Report is accurate; and
  7. agreement that the Content Provider agree to submit to the jurisdiction of the Singapore courts.

All appeals are to be sent via post:

Vodien Internet Solutions Pte Ltd 61 Ubi Ave 1 #05-07 Singapore 408941

Or contact us online.

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