8. Intellectual Property
8.1. The Website's Intellectual Property:
8.1.1. The Website's design and program code, information, graphic, audio, video, photo and other content (both visible to Users and not visible unless specific actions are taken, either legal or not) constitute the intellectual property of the Website or any other copyright holders who have entered into agreements with the Website granting them the right to display such intellectual property on the Website or as a part thereof. Any such objects are protected in accordance with the current legislation. No intellectual property objects or the transfer of rights to them shall constitute the subject of present Agreement.
8.1.2. The User's actions or inaction that result in a violation of the Website's rights or aimed at violating the Website's rights to intellectual property objects specified in Section 8.1.1 of the Agreement, presuppose the User's criminal, civil, and administrative liability under current legislation. If the User violates Sections 8.1.1 and 8.1.2 of the present Agreement, the Website Administration shall have the right to take action, including the immediate deletion of the User's Account from the Database without being required to comply with Section 11.7 of the Agreement.
8.2. Intellectual Property of a User and Third Parties
8.2.1. The User shall be solely responsible for the use of rights to intellectual property objects contained in materials they post on the Website or share with other Users, as well as in the materials stored on the Website in the User's Account, or any materials otherwise available with the use of or through the Website as a result of the User's actions and/or inaction.
8.2.2. The User guarantees to use their own resources and expenses to settle any possible claims against the Website made by copyright holders and/or authors and/or freelancers or other third parties that are related to materials specified in Section 8.2.1 of the Agreement. In the event of claims, lawsuits, or demands made against the Website by third parties and related to the User's illegal use of intellectual property on the Website, the User undertakes to reimburse the Website for any losses that the latter incurred as a result of such violation or lodging of such claims, whereas the Website Administration shall have the right to terminate the Agreement unilaterally following the deletion of the User's Account from the Database.
8.2.3. Considering that the Website is accessible to Users, and the Administration does not guarantee that materials posted or provided by the Website Users are free of third party claims, if the User or a Visitor is a holder (or their successor) of copyright to intellectual property objects posted on the Website and their rights are thus being violated through the use of the Website in one way or another, the following procedure for settlement of third part claims applies:
- The claim containing information on intellectual property, the rights to which belong to the applicant and which is illegally used through the Website, shall be filed to the Website Administration via email at
[email protected], along with the documents confirming applicant's rights, data on the copyright holder, as well as copy of the power of attorney allowing respective actions on behalf of the copyright holder if the applicant is not a copyright holding company manager or a copyright holder themselves. In addition, the claim shall contain the address of a Website page containing data that violate rights and a complete description of the rights violation (e.g., why the copyright holder prohibits sharing this information);
- the Website Administration undertakes to review a duly executed claim within 5 (five) business days following the date of its receipt, and notify the applicant about the results of such review. The Administration shall have the right to request additional documents, certificates, and any other data confirming lawfulness of the claim in question. If the claim is found lawful, the Administration shall take all and any reasonable steps required to stop the violation of copyright holder's rights.
- In addition, by filing a claim against the Website, the User and/or Visitor declares and warrants that in the event of any third party claims against the Website (from other Users and/or Visitors), related to violation of their rights (including consumer rights) with regard to remote/blocked information and/or data, the applicant undertakes to take all reasonable steps to settle any such claims, as well as possible disputes, including court disputes.The claimant also agrees to fully compensate the Website for any losses incurred as a result of these claims and disputes.
8.3. If the Task result constitutes an intellectual property rights object, the moment the Buyer pays for it, excusive rights to the created object are fully transferred to the Buyer.
8.4. By posting on the Website intellectual property objects, to which the User is an author or a copyright holder (hereinafter - Objects), the User unconditionally agrees with the provisions of the present Section and allows free and non-exclusive use of said intellectual property Objects by the Website for advertising/informational and other non-commercial purposes.
This includes, but is not limited to the following ways: the User grants the Website a non-exclusive right to distribute, reproduce, show publicly, and make Objects available to the public, so that any person could out of their preference access such Objects from anywhere and at any time, including via the Internet. These uses may include, but are not limited to, featuring the Objects on the Freelancer's Website and on the Website's pages in social networks, including but not limited to: a selection of Freelancers' works, the Freelancer's portfolio, as part of other generalizing posts, ratings, in articles and reviews, and in any other ways that meet objectives specified in this Section of the present Agreement.
The rights shall be granted free of charge, which means that the User shall have no right to demand remuneration from the Website for the use of Objects in the ways and/or for purposes specified herein.