COPYRIGHT ACT NOTIFICATION

Updated: 18 May 2017

SUMMARY

I. General
II. Take Down Notice
III. Counter-Notice
IV. Brand Use Guidelines

 

I. General


The Copyright Act (Chapter 63) of Singapore and its subsidiary legislation (collectively the Copyright Legislation) limit the liabilities of network service providers (NSP) such as Liberty Wireless, in respect of various services provided (e.g. transmission, routing, provision of connections, system caching, storage of electronic material and/or online linking) under the circumstances prescribed in the Copyright Legislation.

As such, Liberty Wireless (as an NSP) will not be liable inter alia in monetary damages for any copyright infringements under the circumstances stipulated in the Copyright Act, so long as Liberty Wireless has complied with the relevant conditions imposed by the Copyright Legislation.

However, if you are of the view that copyright in your material has been infringed in accordance with the Copyright Act, you may send a take-down notice in the form, and in accordance with the relevant requirements, prescribed in the Copyright Legislation (Take-Down Notice), to Liberty Wireless’ nominated representative at the contact details below. Once Liberty Wireless receives such Take-Down Notice, Liberty Wireless will take reasonable steps where required by the Copyright Act to remove or disable access to the allegedly infringing material in accordance with the Copyright Legislation.

In certain circumstances prescribed in the Copyright Act, once the allegedly infringing material has been removed, or access to it disabled, Liberty Wireless will take reasonable steps where required by the Copyright Act to notify the person who has made such material available (Respondent). The Respondent may send a counter-notice in the form, and in accordance with the relevant requirements, prescribed in the Copyright Legislation (Counter-Notice), to Liberty Wireless’ Representative at the contact details below. Such Counter-Notice must be sent within the time period stipulated in the Copyright Legislation. Upon receipt of such Counter-Notice, Liberty Wireless will, in accordance with the Copyright Act, take reasonable steps where required by the Copyright Act, to restore the material or access to that material (as the case may be), if it is technically and practically feasible to do so, except where court proceedings are commenced by the copyright owner to prevent that material, or access thereto, from being restored, and Liberty Wireless is informed in writing of such proceedings.

All Take-Down Notices and Counter-Notices must be sent to:

Liberty Wireless’ Representative
Liberty Wireless Private Limited
221 Henderson Building, #02-06,
Singapore 159557
Attn: Mr. Adeel Najam
Head, Product Development Enterprise Services
Email: [email protected]
Tel: +65 6802 5861


Please note that Liberty Wireless’ Representative should only be contacted for notifications under the Copyright Act, and not for other enquiries.

II. Take Down Notice


If you are sending a Take-Down Notice as described in the paragraphs above, you must sign your Take-Down Notice, which must contain all of the following information in addition to other information required under the Copyright Legislation:

  1. Your name, address, telephone number, facsimile number (if any) and email address, as well as the address for service in Singapore if you are not resident in Singapore;
  2. Sufficient particulars to enable Liberty Wireless to identify the allegedly infringing material and its online location;
  3. A statement that you require Liberty Wireless to remove or disable access to the material;
  4. A statement that you, in good faith, believe that the material is an infringing copy;
  5. A statement that the information in the Take-Down Notice is accurate;
  6. A statement that you are the copyright owner or exclusive licensee or that you are authorized to act on behalf of such owner or exclusive licensee; and
  7. A statement that you agree to submit to the jurisdiction of the courts in Singapore.

III. Counter-Notice


If you are a Respondent sending a Counter-Notice as described in the paragraph above, you must sign your Counter-Notice, which must contain all of the following information in addition to other information required under the Copyright Legislation:

  1. Your name, address, telephone number, facsimile number (if any) and email address, as well as the address for service in Singapore if you are not resident in Singapore;
  2. Sufficient particulars to enable Liberty Wireless to identify the material that has been removed or to which access has been disabled, and its online location prior to such removal or disablement of access;
  3. A statement that you, in good faith, believe that the material was removed, or access to it was disabled, as a result of mistake or misidentification, or that such material does not infringe the copyright in any material;
  4. A statement that the information in the Counter-Notice is accurate; and
  5. A statement that you agree to submit to the jurisdiction of the courts in Singapore.

The procedures stated in these paragraphs and the information listed in the last two paragraphs above do not purport to exhaustively state the requirements under the Copyright Legislation. It is your responsibility to check and comply with the requirements of the current Copyright Legislation in respect of and in connection with the subject matters covered by these paragraphs.

Liberty Wireless reserves the right not to entertain any correspondence that does not comply with the requirements of the current Copyright Legislation and these paragraphs. Please note that under the Copyright Act, in the event that in any Take-Down Notice or Counter-Notice, a person makes a statement that is false, which he/she knows is false, or which he/she does not believe to be true, and which touches on any material point in such Notice, then he/she will:

  1. Be guilty of an offence and if convicted, can be fined up to S$10,000 or imprisoned for up to 2 years; and
  2. Be liable in damages to any person who suffers any loss or damage as a result of such Notice.

Liberty Wireless respects the intellectual property of others, and we ask our users and visitors to our websites to do the same. At our discretion and in appropriate circumstances, Liberty Wireless may terminate or suspend service to users who infringe upon the copyright, or other intellectual property rights, of others. In addition, without affecting the generality of the above, Liberty Wireless users who are found to be repeat infringers of the copyrights of others may have their services and accounts suspended or terminated.

IV. Brand Use Guidelines


Brand Assets: includes, but is not limited to, images, illustrations, photographs, logos, text, video or audio sequences, graphics, and any other downloadable content available on Circles.Life Website.

  1. Any website not owned by Circles.Life which copies, reproduces, licenses or otherwise exploites Circles.Life brand and related assets (including but not limited to user referral codes and promotional codes) must states that it is not an official Circles.Life website.
  2. Circles.Life reserves the right to ask for the removal of any Brand Asset copied, reproduced, licensed or otherwise exploited on any website that is not a Circles.Life property.
  3. Any reproduction of a Brand Asset must include the following acknowledgement adjacent to the image(s) used – “2016 © Circles.Life / Circles Asia”.
  4. Materials on the Circles.Life Website must not be used for commercial purposes without obtaining a licence to do so from Circles.Life or the relevant licensor.
  5. Brand Assets must not be manipulated, adapted, altered or cropped in any way without prior written permission from Circles.Life.
  6. Any pornographic, defamatory, libellous or otherwise unlawful use of any Brand Asset is prohibited.
  7. Brand Assets must not be used in connection with any purpose that is detrimental to Circles.Life, its employees or any other third party.
  8. Brand Assets must not be used, directly or indirectly in the advertising of any product other than Circles.Life products and services.

END