Yahoo! Pte Ltd ("we" and "us", as the case may be) respects the intellectual property of others, and we ask our users to do the same. Please note that information on websites is available for anyone to view, but not necessarily to access, download, print, copy and/or utilize.
This Intellectual Property Rights Policy ("Policy") sets out our policies on issues related to intellectual property rights, such as allegations of infringing material being posted or made available on our properties and actions against repeat infringers.
Please note that we have no control, power or authority over any users who are not Yahoo! users or any Yahoo! users who are registered with Yahoo! properties outside our control, such as yahoo.com and yahoo.co.uk.
Information for intellectual property rights owners
We comply with all applicable laws and regulations. In particular, we comply with the requirements of the Singapore Copyright Act and the Copyright (Network Service Provider) Regulations as applicable to us.
If you believe that your intellectual property right (such as copyright or right to authorise the use of a performance) has been infringed, please complete our standard notice of infringement (PDF available here) and send or fax a hard-copy of the duly-completed form to us at:
Legal Department
Yahoo! Pte Ltd
18 Cross Street
#14-01 China Square Central
Singapore 048423
Facsimile number: +65 6339 0623
Please note that we will only accept and act on notices in the English language that comply with the Singapore Copyright Act, other applicable laws and this Policy (as applicable). Any notices that do not comply with the above will be rejected, and we will not take any action in relation to such rejected notices.
Upon receipt of a compliant notice of infringement, we will take the actions described below, depending on whether the alleged infringement described in the notice is an infringement of copyright or an unauthorised use of a performance that is governed by the Singapore Copyright Act as applicable to network service providers ("Copyright Act Infringement").
Should you wish to contact the Legal Department for clarifications on this Policy, you may write or fax to the above, or you may telephone [+65 6477 4500] or send an e-mail to sea-ip@yahoo-inc.com.
Copyright Act Infringement
1. For Copyright Act Infringements, we will, upon receipt of a compliant notice of infringement:
(a) expeditiously take reasonable steps to remove or disable access to the allegedly infringing electronic copy; and
(b) after removing or disabling access to the allegedly infringing electronic copy, expeditiously take reasonable steps to notify the person who had made that electronic copy available ("Content Owner"). In doing so, we will also provide the Content Owner with a copy of the notice of infringement, as required under the Singapore Copyright Act.
2. If the Content Owner provides a counter-notice that complies with the relevant requirements of the Singapore Copyright Act and Copyright (Network Service Provider) Regulations, and this counter-notice is provided to us within 6 weeks of the date that we notify the Content Owner of the removal or disabling of access to the allegedly infringing electronic copy ("Notification Date"):
(a) we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly infringing electronic copy, if it is technically and practically feasible to do so; and
(b) if, before we complete the necessary steps to restore, or to restore access to, the allegedly infringing electronic copy (where it is technically and practically feasible to do so), the owner of the copyright in question or the performer of the performance in question (as the case may be) commences proceedings to prevent the restoration of, or the restoration of access to, the allegedly infringing electronic copy, and we are informed of such proceedings, we will cease such steps to restore, or to restore access to, the allegedly infringing electronic copy.
3. If the Content Owner does not provide a counter-notice that complies with the relevant requirements of the Singapore Copyright Act and Copyright (Network Service Provider) Regulations within 6 weeks of the Notification Date, we will take no further action and we will consider the case to be closed.
Other types of infringement
1. For all other infringements (that is, that are not a Copyright Act Infringement), the notice of infringement must be accompanied by the following documents in the English language:
(a) an affidavit or statutory declaration (which complies fully with the applicable laws in the place where such affidavit or statutory declaration is made) containing or stating the following matters:
(i) a statement that all of the matters set out in the notice of infringement are true and accurate, and in this regard, a copy of the duly-completed and signed notice of infringement must be exhibited and referred to in the affidavit or statutory declaration; and
(ii) a statement that the notice of infringement is being sent to us in good faith and for the purposes of enforcing the intellectual property right in question; and
(b) a duly-completed and signed standard indemnity (PDF available here).
2. Once we receive the notice of infringement together with the affidavit or statutory declaration and the standard indemnity as required under this Policy, we will proceed to remove or disable access to the allegedly infringing material.
3. If we do not receive either or both of the affidavit or statutory declaration and the standard indemnity as required under this Policy, or we received both of them but we determine (in our sole discretion) that either or both of them do not comply with the requirements of this Policy, including but not limited to either or both of them not being in the English language, we reserve the right to take any or no action, as we deem appropriate in our sole discretion. If we decide to take no action, we will consider the case to be closed.
Information for users
Users who have posted or made available any Content (as defined in our Terms of Service) on or through our properties or services should familiarise themselves with the matters set out above under the heading "Information for intellectual property rights owners".
In particular, where we have removed or disabled access to any material pursuant to a notice of infringement alleging a Copyright Act Infringement, users may send us a counter-notice that complies with the relevant requirements of the Singapore Copyright Act and Copyright (Network Service Provider) Regulations. To assist our users, we have prepared a standard form of the counter-notice (in PDF format) that may be sent to us.
Please note that this counter-notice must be provided to us within 6 weeks of the date that we notify the user in question of the removal or disabling of access to the material in question. Please also note that we will only accept and act on counter-notices in the English language that comply with the Singapore Copyright Act, other applicable laws and this Policy (as applicable). Any counter-notices that do not comply with the above will be rejected, and we will not take any action in relation to such rejected counter-notices.
Upon receipt of a compliant counter-notice, we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly infringing electronic copy, if it is technically and practically feasible to do so. In doing so, we will also provide the person who had provided the notice of infringement to us with a copy of the counter-notice, as required under the Singapore Copyright Act.
However, if, before we complete the necessary steps to restore, or to restore access to, the allegedly infringing electronic copy (where it is technically and practically feasible to do so), the owner of the copyright in question or the performer of the performance in question (as the case may be) commences proceedings to prevent the restoration of, or the restoration of access to, the allegedly infringing electronic copy, and we are informed of such proceedings, we will cease such steps to restore, or to restore access to, the allegedly infringing electronic copy.
We may also, in accordance with our Terms of Service (including this Policy) and in appropriate circumstances and at our sole discretion, disable and/or terminate without notice the accounts of users who may be infringing the intellectual property rights (including but not limited to copyrights and trade marks) of others.
In particular, we will terminate the accounts of users whom we have determined (in our sole discretion) to be repeat infringers. In determining whether a user is a repeat infringer, we will adopt the following procedure:
1. If we remove or disable access to any Content (whether pursuant to a compliant notice of infringement sent to us or otherwise) posted or made available by our user, we will send a notification to the user in question ("First Notice");
2. The user has a 6-week grace period (starting from the date-stamp of the First Notice) to search out and remove all infringing material and links that he/she has posted or made available using or through his/her account;
3. If we subsequently receive any allegation of infringement by that user, which causes us to remove or disable access to any other Content posted or made available by that user, we will then terminate that user's account without further reference to him/her; and
4. In cases where our removal of or disabling of access to Content in paragraph 1 was pursuant to a notice of infringement alleging a Copyright Act Infringement, and the user to whom we sent the First Notice provides us with a counter-notice that complies with the relevant requirements of the Singapore Copyright Act and Copyright (Network Service Provider) Regulations within 6 weeks of the date of the First Notice, we will consider the First Notice to be null and void. However, any subsequent removal of or disabling of access to Content (whether pursuant to a compliant notice of infringement sent to us or otherwise) posted or made available by that user will result in a fresh First Notice being sent to that user.
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