Intellectual Property Policy

Intellectual Property Policy


DirectCreate, ("DirectCreate," "our," "us" or "we")

Intellectual Property Policy

Please read these conditions carefully (collectively referred to as the “Copyright Policy” or “Intellectual Property Policy”) before using the Direct Create Website/Application. By using the Direct Create website/application or digital platform, you signify your agreement to be bound by these conditions. If this Policy or any of its conditions is not acceptable to you, please do not use Direct Create or its affiliates’ website/application or software.

Direct Create Private Limited (Direct Create) owns and operates the DirectCreate.com website and Applications (“Website”, “Application”, “Platform”, “Marketplace”). Expressions like You/Your with grammatical variations and cognate expression refers to any user, visitor, members, Maker, Designer, Service Provider, Institution or party who visits, uses or in any manner transacts with Direct Create. Expressions – We/Our/Us with its grammatical variations and cognate expressions shall mean and include Direct Create Private Limited, and/or its affiliates, subsidiaries, holding companies or other entities in which Direct Create Private Limited is substantially interested, directly controls or be controlled.

In addition, to these terms when you use any current or future Direct Create’s Content/Service (eg. Marketplace, Meetups, Blogs etc.) ("Service"), you will also be subject to the terms, guidelines and conditions applicable to that specific Service (“Specific Terms"). If this Policy or any of its Conditions are inconsistent with such Specific Terms, the Specific Terms will control.

This "Copyright Policy" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Violation of the terms or this Notice constitutes an unauthorized use of the Direct Create’s site and Application/s and may give rise to an actionable cause/claim of Direct Create or its Affiliates against the violator.

Policy Overview
As a Marketplace, Network, Forum and trusted destination for Makers, Designers and Artists, Direct Create takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit proper notices of infringement regarding content on our marketplace, and how Direct Create sellers (Makers/Designers) can respond when their listings or shops are affected by a notice.

Some of the recommendations or information contained on this page constitutes information and not legal advice. The reader assumes all responsibility for any and all use of this information. Please consult a lawyer for specific questions. This page may be updated periodically.

This policy is a part of our Terms of Use (User Agreement), Membership Agreement & Seller Agreement and Listing Policy.

Direct Create has adopted this intellectual property policy in accordance with industry best practices, generally accepted in India and Internationally (where applicable). The Copyright Act, 2012 (1956) and other intellectual property laws and the Information Technology Act, 2000 alongwith rules framed thereunder.

Items that bear a company's official brand name, logo, designer label or marks of any other 3rd party can be listed as long as the products were lawfully made by, for, or with the consent of that company/designer/maker/3rd party.

We don't allow replicas, counterfeit items, or unauthorized copies to be listed on Direct Create. Unauthorized copies may include things that are plagiarized, copied, faked, bootlegged, illegally duplicated, pirated, made using in-compatible settings (crafts/technique/Raw materials etc.). These kinds of things may infringe on someone's copyright or trademark, reputation, personality rights, or geographical indiators.
Make sure your listing follows these guidelines. If it doesn't, it will be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.

Create your own listing content (use of Text and Images)
Don't "borrow" text or images (including photos) from other listings on Direct Create, Designer/Makers websites, third-party product catalogs, or other sources without specific permission from the owner. Contrary to popular belief, simply because images and text can be found somewhere on the Internet, it doesn't necessarily mean that they aren't protected by copyright laws. Copyright laws apply to the Internet - Designers/ Artists or other copyright owners may object to the use of text or images that they own or have created.
Write your own descriptive text for your listing and take your own photos. You can use one of Direct Create’s service providers who can help you with these services on a nominal service fee.

Read about copyright basics and IPR FAQs.

Notices of Intellectual Property Infringement
Direct Create strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Direct Create removes or disables access in response to a notice, Direct Create makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. Direct Create may also provide a copy of the notice to the allegedly infringing party.

Counter Notification
If Direct Create receives a counter notification from the party to whom an infringement notice was sent, the removed material may be replaced or access to it may be restored within a reasonable period after receipt and analysis of the counter notice and unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Direct Create of this action. Direct Create sends a copy of the counter notice to the original complaining party.

Repeat Infringement
Direct Create terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Direct Create’s discretion.
When Direct Create receives a notice that constitutes a potential infringement and complies with our Policies, Direct Create may remove the material claimed to be subject to infringing activity. Then Direct Create may notify the Direct Create member and provide the Direct Create member with details of the notice, including the complainer's email address or other contact information.
The following are requirements apply for submitting notices of infringement counter-notices to Direct Create. However, we prefer that you use our reporting forms, which allow us to process notices with greater efficiency and enable authorised parties to send notices with quality and ease.

Report/Reply/Withdraw infringement claims
Direct Create hosts hundreds of thousands of products, services and information snippets. Therefore, we may not have insight into all the listings and their IP ownership. So we operate on a Notice and Takedown basis. If you would like to submit a notification of alleged infringement, counter a notice of copyright infringement submitted against you, or withdraw a notification of infringement that you submitted, please refer to the following information.

Infringement Notice Requirements

Report infringement on Direct Create

Use this form to provide a notice of claimed infringement on Direct Create.

If you believe that material residing on or accessible through Direct Create infringes a copyright, you may send a notice of infringement via email to legal@DirectCreate.com, which must include all of the following required information:

1.0 signature of a person authorised to act on behalf of the intellectual property owner whose right has been allegedly infringed upon -- signatures may be provided electronically by typing your name;

2.0Identification in sufficient detail of the work allegedly infringed upon;

3.0Identification of the allegedly infringing material on Direct Create including the specific location of the material so that Direct Create can find it -- for listings, please provide the Direct Create listing URL to each item you allege is infringing;

4.0The name of the intellectual property owner, and contact information for the notifier including name, address, telephone number, and email address;

5.0A statement that the notifier has a good faith belief that the material is not authorised by the intellectual property owner, its agent, or the law;

6.0A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorised to make the complaint on behalf of the copyright owner

If you misrepresent that material is infringing, you may be liable for damages (including costs and fees). Therefore, if you are not sure whether the material is infringing, please contact a lawyer before submitting a notice to Direct Create. Fraudulent or abusive notices or other misuse of Direct Create’s Intellectual Property Policy may result in account termination or other legal consequences.

Counter-Notice Requirements

Counter SubmissionUse this form to provide a counter or an answer or explanation to the infringement reported on Direct Create against you.

To submit a copyright counter-notification to Direct Create’s designated agent, please see the following information. If you are not able to use the countering form, please see the requirements below.

If you have a good faith belief that material removed or disabled as a result of a notification of copyright infringement to Direct Create involved a misidentification or mistake, you may send a counter notice via email to legal@DirectCreate.com, which must include all of the following required information:

1 Your signature -- signatures may be provided electronically by typing your name

2 Identification of the material that has been removed or to which access has been disabled -- for listings, please provide the Direct Create listing URL to each item before it was removed or disabled

3 A statement made 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 of the material

4 Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Direct Create is located, and that you will accept service of process from the person who provided the original notification or an agent of such person

If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material is infringing, please contact a lawyer before submitting a counter notice Direct Create. Fraudulent or abusive counter notices or other misuse of Direct Create’s Intellectual Property Policy may result in account termination or other legal consequences

Withdraw a notification of infringement you’ve submitted

Use this information to withdraw an infringement notice you’ve submitted to Direct Create.

If material was removed from your shop due to a notification of infringement or if you would like to learn more about intellectual property issues in general, please refer to the following information.

Direct Create’s Designated Agent to Receive Notifications

  • Manager - Legal & Licensing Dept.
  • Direct Create Private Limited
  • 52/68 Chittaranjan Park
  • NewDelhi 110019
  • legal@directcreate.com

Copyrighting and protecting your work

General information and FAQ about intellectual property rights.

Direct Create's Trademark Policy

Guidelines for the use of Direct Create's Trademarks.