1.1 All content (including text, pictures, fonts, videos, music) made available on or via the products, services and platforms operated by us and our related companies (Platforms) may be subject to third party intellectual property rights.
1.2 We reserve the right to conduct preliminary review and to delete or remove any content uploaded to the Platforms that it reasonably believes may violate any intellectual property rights or any other applicable laws and regulations or applicable terms of use of service of the relevant Platforms. Notwithstanding any such review by us, any person uploading content to Platforms remains responsible for ensuring such uploaded content does not breach any applicable laws and regulations or third party rights. This applies to all content by third parties (whether uploaded by developers or providers of apps, games, themes or other content, or whether content that is generated by individual users).
1.3 We value intellectual property rights and complies with the intellectual property laws, regulations and binding regulatory documents of all applicable jurisdictions. We firmly believe that the legal rights of the Rights Owners should always be respected and protected in accordance with the law.
1.4 Pursuant to the laws, regulations and/or requirements of all applicable jurisdictions, we have established this IP Complaints Policy to protect the legitimate rights and interests of the Rights Owners.
1.5 The term Rights Owner as used in this policy refers to the owner of the relevant intellectual property rights (such as copyrights, trademark rights, patent rights) in the relevant jurisdiction.
1.6 The term Respondent as used in this policy refers to the content publisher (including developers or providers of apps, games, themes and individual users) who has been accused by the Rights Owner of engaging in infringement activities on any of the Platforms.
2.1 If a Rights Owner believes that any content published by another person on the Platform might infringe their intellectual property rights, the Rights Owner may submit a written complaint to us, which must contain the following:
(A) specific information and supporting materials about the Rights Owner, including name, contact information (correspondence address, e-mail address and telephone number), valid copy of identity document (e.g. national registration card/resident ID card for individuals, business licence and certificate of incorporation for corporates) and any other relevant materials that can prove the identity of the Rights Owner;
(B) details about the allegedly infringing content and preliminary proof of infringement, such as:
(1) proof of the Rights Owner's legal rights over the allegedly infringing content (for example, registered documents of declaration of ownership, published cautionary notice, copyright certificates, trademark certificates, patent certificates issued by the relevant competent authorities, proof of date of initial publication or issuance of the work, timestamps by relevant authorities for the creation of the works, certificates or receipts of the filing);
(2) supporting documentation for the allegation of infringement (for example, a statement of the alleged infringement, court judgments that confirm such infringement etc); and
(3) links to the URL / app link of the allegedly infringing content; and
(C) an undertaking by the Rights Owner that:
(D) they have provided and will provide true, valid and legitimate statements and information relating to the complaint; and
(E) that they will bear all legal responsibilities arising from the complaint (including any losses incurred by us as a result of any removal of the content as a consequence of the Right Owner's complaint).
2.2 If the Rights Owner has already filed an administrative complaint or lawsuit with a relevant administrative department or judiciary authority in relation to the allegedly infringing content, the Rights Owner is required to provide the relevant acceptance certificate (or receipt) and the evidence submitted to such administrative department or judiciary authority to us, together with the corresponding notices, so as to facilitate the processing of the complaint of the Rights Owner.
2.3 The notification of complaint shall be signed by the Rights Owner or their or its authorised signatory. If the Rights Owner is a corporate, then the signatures of its authorised officers or the official seal of the Rights Owner shall be affixed on the notification of complaint as well.
2.4 Other matters to be noted when preparing the notification of complaint and the related evidential materials are set out in the "Important Notes" section below.
2.5 Upon receipt of a complaint from the Rights Owner, we shall conduct a formal review of the same. If the notification of complaint does not fulfil the requirements set out in this policy, We will notify the Rights Owner, who shall then cooperate with us and submit the relevant evidential materials or other materials. If the complaint fulfils the requirements set out in this policy, we may proceed to remove the allegedly infringing content as soon as possible and at least within 36 hours of receipt of the complaint from the Rights Owner. In addition, we may also forward the complaint and supporting materials to the Respondent.
3.1 Upon receipt of a valid complaint from a Rights Owner, we will forward the same to the Respondent. The Respondent shall, within 3 working days, submit a counter-notification in writing to us if they believe that they have not infringed the rights of the Rights Owner. Such counter-notification must contain the following:
(A) specific information and materials about the Respondent, including name, contact information (correspondence address, e-mail address and telephone number), valid copy of identity document (e.g. resident ID card for individuals, business licence for corporates) and any other relevant materials that can prove the identity of the Respondent;
(B) preliminary proof of non-infringement, such as:
(1) proof of the Respondent's legal rights over the allegedly infringing content (for example, registered documents of declaration of ownership, published cautionary notice, copyright certificates, trademark certificates, patent certificates issued by the relevant competent authorities, proof of date of initial publication or issuance of the work, timestamps by relevant authorities for the creation of the works, certificates or receipts of the filing); and
(2) evidence supporting that the allegedly infringing content does not constitute infringement of the Rights Owner's rights (for example, reasons and statements in respect of the non-infringement, effective judicial documents or court judgments that rule against the infringement claims); and
(C) an undertaking by the Respondent that:
(1) they have provided and will provide true, valid and legitimate statements and information relating to the counter-notification; and
(2) they will bear all legal responsibilities arising from the counter-notification (including any losses incurred by us as a result of any retainment or restoration of the relevant content according to the Respondent's counter-notification).
3.2 The counter-notification shall be signed by the Respondent or his/ her/ its legally authorised signatory. If the Respondent is a corporate, then the official seal of the Respondent shall be affixed on the counter-notification as well.
3.3 Other matters to be noted when preparing the counter-notification and the related evidential materials are set out in the "Important Notes" section below.
3.4 Upon receipt of the counter-notification and the relevant supporting materials submitted by Respondent, we will conduct a formal review of the same. If the counter-notification does not fulfil the requirements set out in this policy, we will notify the Respondent, who shall then cooperate with us and submit the relevant evidential materials or other materials. If the counter-notification fulfils the requirements set out in this policy, we may at its discretion restore the deleted content or otherwise resume making it available within 10 working days of receipt of the counter-notification from the Respondent (unless a court order has been sought to restrain the Respondent from engaging in any infringing activity relating to the allegedly infringing content). In addition, we may forward the counter-notification and supporting materials to the Rights Owner.
4.1 To ensure the authenticity and validity of complaints and counter-notifications, all materials submitted pursuant to this policy shall, in principle, be provided in certified copies signed with the signature/official seal of the Rights Owner or Respondent (as relevant). If the materials concern foreign affairs or foreign nationals, copies of these documents shall be notarised in accordance with the relevant provisions of the law before being submitted, and accompanied by the corresponding notarisation materials.
4.2 The notification of complaint and the counter-notification shall be submitted to us by:
(A) sending the scanned copy to ipr@heytap.com or other email addresses as designated by us from time to time; or
(B) mailing the hard copy to, Copyright agent, at Room 102 (of office area), Gate 5, No.18 Haibin Road, Wusha, Chang'an, Dongguan, Guangdong, China.
4.3 Each of the Rights Owners and the Respondents confirm that we have the right to delete or restore the content from the Platforms and disconnect or reconnect the relevant links from/to the Platforms at our sole discretion and that we will not be liable to either Rights Owners or Respondents for such acts.
5.1 It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
6.1 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platforms infringe your copyright, you may request removal of those materials (or access to them) from the Platforms by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice (DMCA Notice) must include substantially the following:
(A) your physical or electronic signature;
(B) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platforms, a representative list of such works;
(C) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
(D) adequate information by which you can be contacted (including your name, postal address, telephone number, and, if available, email address);
(E) a statement that you have a good faith belief that use of the copyrighted material is not authorised by the copyright owner, its agent, or the law;
(F) a statement that the information in the written notice is accurate; and
(G) a statement, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
6.2 Our designated copyright agent to receive DMCA Notices is:
Attention: Copyright agent
Room 102 (of office area), Gate 5, No.18 Haibin Road, Wusha, Chang'an, Dongguan, Guangdong, China.
Tel：+86 0769 8922 6666
Email: ipr@heytap.com
6.3 If you fail to comply with any of the requirements of section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
6.4 Please be aware that if you knowingly materially misrepresent that material or activity on an Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under section 512(f) of the DMCA.