AnyBooks guidelines for tort claims

 

AnyBooks has always been committed to establishing a fair, open and fair platform. As a neutral platform service provider, AnyBooks is willing to go forward hand in hand with partners who are honest and responsible, and establish and maintain a benign interactive, healthy and orderly platform order.

 

In view of AnyBooks platform includes the large number of content, in order to establish a good market order and protect the lawful rights and interests of the obligee, according to the provisions of the relevant laws and regulations, AnyBooks formulates this guide. If you found that relevant content violated your rights and interests during the use of AnyBooks web sites and applications, you can notify us through the following ways, we will deal with according to the law. At the same time, we will take some effective regulatory action to  various forms of violation we will deal with according to the law. At the same time, we will take some effective regulatory action to  various forms of violation of others’ legitimate rights and interests and protect the lawful rights and interests of the obligee as far as possible.

 

Special reminder and please understand that launching a tort appeal to the platform is a formal, serious and legally significant action, including the selection and submission of certification materials and other processes, which will involve a lot of legal expertise of the republic of India. If the infringement claim cannot fully meet the legal conditions, the platform will not be able to handle. Therefore, we believe that consultation with or referral to a legal professional on matters relating to infringement complaints will facilitate the smooth handling of infringement complaints.

 

 

1. The notification process

1.1 notify the AnyBooks

If the right holder thinks that the works on the website owned by AnyBooks violate his/her legitimate rights and interests, please submit relevant materials to appeal according to the following requirements and inform AnyBooks:

 

1.1.1 Materials to be provided for personal tort claims

a)       Photos or scanned copies of the applicant's official identification document (including ID card, passport, driving license, Aadhaar card, PAN card, and etc);

b)      Sufficient evidence to prove that the object of the complaint has committed an act of infringement;

c)       When the non-right holder makes a complaint, please provide the client's personal information (including photos or scanned copies of the applicant's official identification document and the job identity certificate of the relevant agent), and at the same time, the client's signed power of attorney photo or scanned copy.

 

1.1.2        Materials required by enterprises and organizations to appeal

a)       Photos or scanned copies of the applicant's official identification document (including ID card, passport, driving license, Aadhaar card, PAN card, and etc);

b)      The photo or scanning copy of the work certificate issued by the applicant's employer or company;

c)       Please provide the original photo of Business license or organization code certificate. If it is a photocopy, the official seal is needed to make it work;

d)      Sufficient evidence to prove that the object of the complaint has committed an act of infringement;

e)       In principle, the claimant must be related obligee, if the application is made by proxy, please provide the power of attorney and the client id original photo or scanning copy, and provide the relevant certification of position or title of agent position identification as position (certificate of authorization letter, letter of introduction agent authorized agent on behalf of the company and the company dealing with related complaints) such as main body qualifications proof agent material.)

 

 

1.2 requirements of the right holder

The information of the work for which the right holder claims infringement, and the description of the relevant appeals. This includes the specific name of the content to be removed, the name of the content to be disconnected, and the web address of the page on which it is located.

 

 

1.3 preliminary evidence of infringement

1.3.1 The preliminary evidence shall include:

a)       The ownership certification materials of the right holder:

b)      Including but not limited to the copyright certificate, trademark right certificate, patent right certificate issued by relevant authorities, proof material of the date of the initial publication or release in a public situation of the work, creative manuscript, creation time stamp of the work issued by the authority, work record certificate and other valid ownership certificates that can prove the right holder has the relevant rights;

c)       Evidence that the services provided by the complainant constitute infringement:

d)      Including but not limited to the effective certification materials that prove the services provided by the Respondent have constituted an infringement to copyright, trademark right or patent right and other rights of the obligee.

 

 

1.4 warranty of the right holder

The right holder shall expressly warrant in the complaint mail that:

a)       The right holder’s statement in the complaint mail and related materials provided by the right holder shall be real, effective and legitimate. At the same time, the right holder shall guarantee that bear and compensate all the losses caused during the process of handling relevant account according to the right holder’s complaint mail, including but not limited to the losses of the compensation to the respondent or the Users, the damage to AnyBooks’ reputation and goodwill and so on.

b)      Some points which need attention in the complaint mail or during the relevant supporting documents’ preparation are set out in the notes below.

 

 

1.5 AnyBooks feedback

 

AnyBooks, as a neutral platform service provider, will deal with the complaint mail from the right holder in accordance with relevant laws and regulations as soon as possible after receiving the complaint mail from the right holder in accordance with the requirements of this guideline, and transfer the complaint mail from the right holder to the respondent if it meets the requirements of laws and regulations.

If the Respondent does not recognize the appeal of the right holder, AnyBooks will transfer the relevant materials provided by the Respondent to the right holder. If the right holder has any objection to the opinions of the Respondent and the relevant materials provided, AnyBooks suggests the right holder to solve the relevant problems directly with the Respondent through administrative appeal, lawsuit or other means. If the right holder has new evidences which can fully overturn the opinion of the respondent, it can also provide to AnyBooks.

 

2. Matters needing attention

 

2.1"right holder" in this guideline refers to the original owner who has legitimate rights and interests such as copyright, trademark right and patent right, and "agent" refers to the trustee legally authorized by the original owner, including natural person, legal person or other organization.

 

2.2 In order to ensure the authenticity and effectiveness of the relevant materials provided by the right holder, the complaint mail of the right holder and the relevant certification materials shall generally provide the original, but if the original cannot be provided, the copy shall be provided (the right holder's signature shall be on the copy) .

Only one way to notify AnyBooks:

     Send a scanned version of the aforementioned complaint mail and other relevant supporting documents to copyright@AnyBooks.app via email.

 

2.3 If a foreign right holder (that is, a country or region other than the republic of India), he/she shall entrust a natural person or organization within the republic of India to make a complaint on his/her behalf by way of authorization. In addition to relevant authorization documents, he/she shall also submit one of the following materials to ensure the authenticity and legitimacy:

 

a)       Materials of lawyer witness for lawyers to witness the aforesaid authorization and entrustment process by practicing lawyers in the republic of India; Or for the right holders from different countries or regions outside the republic of India, the following forms shall be submitted:

l  Countries and regions other than the republic of India: notarial materials certifying the legality and authenticity of the aforesaid authorization and notarial materials certified by the embassy or consulate of the republic of India in the country where the right holder is located;

 

b)      Any material from a country or region other than the republic of India, shall be submitted the Hindi translation of the material provided by the embassy or consulate of the republic of India in that country;

 

 

c)       The complaint mail of the right holder in this guideline shall include the complaint mail itself and relevant subject qualification materials, ownership certificate, infringement certificate and other materials.

 

d)      If the right holder has filed an administrative complaint or lawsuit against the relevant government department or court for the services provided by the respondent, please submit the relevant acceptance certificate together with the evidence materials submitted to the government department or court to AnyBooks when submitting the complaint mail, which will facilitate the handling of the right holder's appeal.

 

Upon receipt of the notice in accordance with the above requirements, we will delete the works suspected of infringement within a reasonable time. If you do not meet the above conditions, we will ask you to provide the corresponding information, and do not take the corresponding measures including deletion. After you send the mail, the staff will deal with it as soon as possible. Due to the different contents involved, the required cycle is also different. Please wait patiently.

 

 

3.     Content-reinstate Instruction

3.1 Fill in the resume link complaint information. (signature of the deleted person or his/her authorized agent is required, or the official seal of the company should be affixed if it is the company). The contents of the link recovery notice shall include but not be limited to the following:

 

a)       Name, contact information, address, business license (company), scanning copy of id card (individual) of the deleted person;

 

b)      The deleted party shall indicate in the recovery complaint mail of deletion the exact name, link address, date of appeal and other information of the link to be deleted or broken;

 

c)       Preliminary materials to prove that there has been no infringement

 

l  In case of deletion (right of reputation, right of honor, right of privacy, etc.) caused by infringement of other rights, relevant certification materials shall be provided.

 

l  If the deletion is caused by the infringement of intellectual property rights, proof of ownership (including but not limited to copyright certificate, trademark right certificate, patent right certificate, etc.) and proof of non-infringement shall be provided.

 

d)      The deleted party guarantees

The deleted party shall guarantee that the statements and relevant materials provided by it in the complaint mail are true and legal, and undertake to assume and compensate for any losses caused to AnyBooks by the link of the relevant content restored according to the deleted party's notice of deletion.

 

3.2   Send a scanned copy of the proof to copyright@AnyBooks.app.

 

 

 

 

Upon receipt of the notification of compliance with the above requirements, we will review it within a reasonable time. If the above requirements are not met, we will ask you to provide relevant information. After you send the mail, the staff will deal with it as soon as possible. Due to the different contents involved, the required cycle is also different. Please wait patiently.