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Policies/en/Terms-of-Use: Difference between revisions

Migration: Terms of Use adapted for the WikiDeal Platform (Swiss law, Geneva forum, CC BY-SA 4.0 + AGPLv3, mediation then arbitration)
 
Update takedown policy link to Swiss-neutral title
 
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== 8. Copyright compliance ==
== 8. Copyright compliance ==


The intention is to ensure that the content hosted on the Platform can be reused by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to users, as well as to other creators and copyright holders, the proposed policy is to respond to notices of alleged infringement in accordance with Swiss copyright law (the Federal Act on Copyright and Related Rights), as described in the [[Policies/en/DMCA-Policy|copyright takedown policy draft adapted to Swiss law]]. Switzerland has no equivalent of the United States "safe harbor" and counter-notification regime: the draft policy explains what this would mean in practice, including a voluntary counter-notification mechanism.
The intention is to ensure that the content hosted on the Platform can be reused by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to users, as well as to other creators and copyright holders, the proposed policy is to respond to notices of alleged infringement in accordance with Swiss copyright law (the Federal Act on Copyright and Related Rights), as described in the [[Policies/en/Copyright-Takedown-Policy|copyright takedown policy draft adapted to Swiss law]]. Switzerland has no equivalent of the United States "safe harbor" and counter-notification regime: the draft policy explains what this would mean in practice, including a voluntary counter-notification mechanism.


In appropriate circumstances, users and account holders who are repeat infringers would have their accounts terminated.
In appropriate circumstances, users and account holders who are repeat infringers would have their accounts terminated.


If you are the owner of content that is being improperly used on the Platform without your permission, you may request that the content be removed by sending a notice as described in the [[Policies/en/DMCA-Policy|takedown policy draft]], or by email to info@wikideal.net. Alternatively, you may make a request to the community, which often handles copyright issues faster and more effectively than a formal legal process.
If you are the owner of content that is being improperly used on the Platform without your permission, you may request that the content be removed by sending a notice as described in the [[Policies/en/Copyright-Takedown-Policy|takedown policy draft]], or by email to info@wikideal.net. Alternatively, you may make a request to the community, which often handles copyright issues faster and more effectively than a formal legal process.


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The blocking of an account or access or the banning of a user under this provision shall be in accordance with section 13 of these Terms of Use.
The blocking of an account or access or the banning of a user under this provision shall be in accordance with section 13 of these Terms of Use.


If you believe a problematic content report has not been satisfactorily acted on, or if you have been subjected to a moderation action that you wish to challenge, you may be able to submit an appeal, following the office actions policy (proposal, to be adopted) and the appeal routes explained to you at the time or in the help pages of the relevant Market or Portal.
If you believe a problematic content report has not been satisfactorily acted on, or if you have been subjected to a moderation action that you wish to challenge, you may be able to submit an appeal, following the [[Policies/en/Office-Actions-Policy|office actions policy]] (proposal, to be adopted) and the appeal routes explained to you at the time or in the help pages of the relevant Market or Portal.


The Foundation would reserve the right to suspend (temporarily, or permanently) the handling of reports or other correspondence from users or third parties, whether about allegedly illegal or otherwise problematic content or conduct, or requesting appeals against moderation actions, if such correspondence was made in bad faith, repetitive, unfounded, and/or abusive. In appropriate circumstances, your email address may even be blocked on the email system, and you would then need to contact the Foundation at its postal address in Geneva if you wish to further correspond with it during that block. For less serious cases (for example up to three polite emails about one or more meritless complaints), this is likely to be temporary. More frequent or more abusive communications are more likely to lead to permanent measures.
The Foundation would reserve the right to suspend (temporarily, or permanently) the handling of reports or other correspondence from users or third parties, whether about allegedly illegal or otherwise problematic content or conduct, or requesting appeals against moderation actions, if such correspondence was made in bad faith, repetitive, unfounded, and/or abusive. In appropriate circumstances, your email address may even be blocked on the email system, and you would then need to contact the Foundation at its postal address in Geneva if you wish to further correspond with it during that block. For less serious cases (for example up to three polite emails about one or more meritless complaints), this is likely to be temporary. More frequent or more abusive communications are more likely to lead to permanent measures.