Creensight Private Limited (CIN U74999GJ2020PTC114611), a company incorporated in 2020 and registered with the Registrar of Companies, Gujarat, with its office in Ahmedabad, Gujarat, India (“Creensight”, “we”, “us” or “our”), respects the intellectual property rights of others and expects users of https://creensight.com/ (the “Website”) to do the same. This DMCA Policy explains how copyright owners can notify us of material on the Website that they believe infringes their copyright, how we respond, and how a person whose material was removed can submit a counter-notice.
Although Creensight is an Indian company, we follow the notice-and-takedown procedure of the United States Digital Millennium Copyright Act (17 U.S.C. §512) as a recognised international standard, alongside our obligations under India’s Copyright Act, 1957, the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
1. Scope of this policy
This policy applies to all content published on the Website, including:
- text of pages, service descriptions and blog articles;
- photographs, illustrations, icons and other images;
- code samples, downloadable files and documents;
- product images and descriptions in our online shop;
- any comments or other content submitted by users, if comments are enabled.
It does not apply to software or websites we build for clients and that are hosted on our clients’ own domains. If you believe a client website infringes your rights, please contact the owner of that website directly. If you cannot identify the owner and believe Creensight may host the material, you may still contact us and we will help where we lawfully can.
2. Our approach to third-party content
We create our own written content. Many photographs on the Website are sourced from Wikimedia Commons under open licences such as CC0, CC BY and CC BY-SA, or are in the public domain. For each such image we record the author, the licence and a link to the source file, and we credit them on our Image Credits page. We do not use images from sources whose licences we cannot verify.
Despite these precautions, mistakes can happen. For example, an image may have been uploaded to a third-party repository by someone who did not own it, or attribution may be incomplete. If you are the rights holder and believe this has happened, please tell us. We would much rather correct a credit or remove an image quickly than use anyone’s work without permission.
3. How to submit a copyright infringement notice
If you believe that material on the Website infringes a copyright that you own or are authorised to enforce, please send a written notice to our Designated Copyright Agent (see Section 9). In accordance with 17 U.S.C. §512(c)(3), your notice must include the following information:
- Signature: a physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
- Identification of the copyrighted work: a description of the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notice, a representative list of such works.
- Identification of the infringing material: a description of the material you claim is infringing and that you want removed or disabled, with enough information for us to locate it, ideally the exact URL(s) on the Website.
- Contact information: your name, postal address, telephone number and email address.
- Good-faith statement: a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law.
- Accuracy statement: a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also tell us, where possible, whether the work is licensed under a Creative Commons or other open licence and which terms you believe have not been followed, as this helps us resolve attribution issues without unnecessary removal.
3.1 Incomplete notices
If a notice does not substantially comply with the requirements above, we may not be able to act on it. We will normally reply to tell you what information is missing.
3.2 Misrepresentation
Under 17 U.S.C. §512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages, including costs and attorneys’ fees. Please consider whether the use of the material may be permitted, for example under an open licence or as fair use or fair dealing under Section 52 of the Copyright Act, 1957, before submitting a notice. If you are unsure, consult a lawyer.
4. What we do when we receive a valid notice
When we receive a notice that substantially complies with Section 3, we will:
- acknowledge receipt, normally within 2 business days;
- review the notice and the material concerned;
- remove or disable access to the allegedly infringing material, or correct the attribution where that resolves the issue, expeditiously and in any case within 36 hours where required under Rule 3(1)(d) of the IT Rules, 2021 following actual knowledge through a court order or notification from an appropriate government agency, and otherwise as soon as reasonably practicable;
- where the material was submitted by an identifiable third party, notify that person and provide a copy of the notice, with personal contact details removed where appropriate;
- keep a record of the notice and our response.
Where the material is content that Creensight itself published, such as an image in one of our articles, we will normally replace it with a different image or remove it while we investigate, and we will tell you what action we have taken.
5. Counter-notice procedure
If material you submitted was removed or disabled and you believe this was a mistake or a misidentification, you may send a counter-notice to our Designated Copyright Agent. Under 17 U.S.C. §512(g)(3), a counter-notice must include:
- your physical or electronic signature;
- identification of the material that was removed or disabled and the location where it appeared before removal;
- a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the courts for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Creensight may be found), and that you will accept service of process from the person who submitted the original notice or their agent.
On receiving a valid counter-notice, we will send a copy to the person who submitted the original notice. Unless that person notifies us within 10 to 14 business days that they have filed a court action seeking to restrain the alleged infringement, we may restore the removed material.
6. Repeat infringers
Where users can submit content to the Website, for example through comments or customer accounts, we will, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who are repeat infringers. We may also block access from users who repeatedly submit content that infringes copyright.
7. Indian law: Copyright Act, 1957 and IT Rules, 2021
Rights holders may also notify us under Indian law. Under the Copyright Act, 1957, the owner of copyright in a literary, dramatic, musical or artistic work, cinematograph film or sound recording has exclusive rights in relation to that work, and infringement may give rise to civil and criminal remedies under Chapters XII and XIII of the Act.
As an operator of a website that may host user content, we observe due-diligence obligations under the IT Rules, 2021, including making reasonable efforts not to host, display or share information that infringes any patent, trademark, copyright or other proprietary rights. Complaints about such content may be sent to our Grievance Officer at the address below. We will acknowledge complaints within 24 hours and aim to dispose of them within 15 days of receipt, in line with Rule 3(2) of the IT Rules, 2021.
To help us act quickly, notices under Indian law should include the same information described in Section 3 (identification of the work, the infringing URL, your contact details, evidence of ownership or authorisation, and a statement that the information is accurate).
8. Trademarks and other rights
This policy primarily concerns copyright. If you believe that content on the Website infringes your trademark, design, patent, privacy or personality rights, please contact us using the details below with a description of the right, evidence of ownership, the URL of the content and the reason you believe it is infringing. We will review such complaints in good faith.
9. Designated Copyright Agent
Notices and counter-notices should be sent to:
- Designated Copyright Agent (and Grievance Officer), Creensight Private Limited
- Ahmedabad, Gujarat, India
- Email: [email protected] with the subject line “DMCA Notice”, “DMCA Counter-Notice” or “Copyright Complaint”
Email is the fastest way to reach us. Please send only copyright-related correspondence to this address with these subject lines; other enquiries may be delayed.
10. Our own content
All original text, code and design on the Website are © Creensight Private Limited unless otherwise stated. You may quote short extracts from our articles with attribution and a link to the original page. Reproducing whole articles, copying our design or code, or presenting our content as your own requires our written permission. If you find our content copied elsewhere, we may send a takedown notice to the relevant host.
11. Changes to this policy
We may update this DMCA Policy from time to time to reflect changes in law or in how we operate. The “Last updated” date at the top of this page shows when it was last revised.
12. Contact us
For any question about this DMCA Policy, please contact Creensight Private Limited (CIN U74999GJ2020PTC114611):
- Company: Creensight Private Limited
- CIN: U74999GJ2020PTC114611
- Registered with: Registrar of Companies, Gujarat (Ministry of Corporate Affairs, Government of India)
- Office: Ahmedabad, Gujarat, India
- Email: [email protected]
- Website: https://creensight.com/