Intellectual Property Claim

Nevasto takes the protection of intellectual property rights very seriously. If you believe that any material available through our website infringes upon any copyright or trademark you own or control, please notify us immediately.

Our Intellectual Property Claims Policy (“Policy”) is intended to provide a process for addressing claims of copyright and trademark infringement and to limit the liability of those who use our website and services in accordance with this Policy.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any material available through our website infringes upon any copyright you own or control, please promptly send a notice containing the following information to our designated agent:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF TRADEMARK INFRINGEMENT

If you believe that any material available through our website infringes upon any trademark you own or control, please promptly send a notice containing the following information to our designated agent:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark interest;
  • A description of the trademark that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the trademark owner or authorized to act on the trademark owner’s behalf.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on our website 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 designated agent. Pursuant to the Digital Millennium Copyright Act, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature;
  • 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 to it was disabled;
  • 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; 
  • A statement that you consent to the jurisdiction of the federal court in the district in which your address is located (or if you are outside of the United States, that you consent to the jurisdiction of any federal court in the United States), and that you will accept service of process from the person who provided the original infringement notification or an agent of such person.

Once we receive a Counter-Notice, we may send a copy of the Counter-Notice to the original complaining party informing that person that we may replace the removed material or cease disabling access to it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the Counter-Notice, at our discretion.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Nevasto has adopted a policy of terminating, in appropriate circumstances and at Nevasto’s sole discretion, subscribers or account holders who are deemed to be repeated infringers. Nevasto may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

TRADEMARKS

All trademarks, service marks, logos, trade names, and any other proprietary designations of Nevasto used herein are trademarks or registered trademarks of Nevasto. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

DISCLAIMERS

The information, products, software, services, and other content provided on and through our website, including without limitation, any products, software, services, and other content licensed to us, are provided on an “as is” and “as available” basis. Nevasto does not represent or warrant that the information accessible via our website is accurate, complete, or current. Price and availability information is subject to change without notice.

Nevasto makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Nevasto disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nevasto will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

INDEMNIFICATION

You agree to indemnify and hold Nevasto, its affiliates, officers, agents, employees, and partners harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of our website or services, or your violation of these Terms of Service.