The order of studying the matters of distribution of any user’s content on the “VKontakte” site
The content of the website “VKontakte” (http://vk.com) (hereinafter referred to as the “Site”) consists of texts, graphic
images, design items, video and audio items, ECM programs and other objects (hereinafter referred to as the “Content”). If
the opposite is not explicitly stated, the Content of the Site is the Content created on the Site or downloaded by the Users to the Site.
In connection with the protection of intellectual property rights related to the users’ Content on the Site, the LLC “VKontakte” should be considered only as information distributor and the company agrees to take actions to stop any illegal activities found by the copyright holders in accordance with the paragraph 1243.1 of the Civil Code and the paragraph 15.7 of the Federal Law “The information and information technology protection”.
In case you have found any Content on our Site which is used illegally, please, study this document carefully. We ask you to concern with understanding that in cases the necessary information related to the illegal action and the rights’ holder was not presented, we cannot correspond properly to your message.
1. General conditions
Our site is the Internet resource created with the aim to provide people with the opportunity to communicate, maintain contacts with their old friends and find some new friends.
The present Order of studying the matters of distribution of any users’ content on the “VKontakte” site (hereinafter referred to as the “Order”) is the official document of the LLC “VKontakte” (hereinafter referred to as the “Site Administration”) and it contains information about the Site Administration conflict resolution policy to resolve any conflicts connected with theContent downloaded by the Users and information about the rights and duties of the Site Administration, the Site Users and third parties during the process of conflict resolution.
The definitions written with capital letters which are not stated clearly in the present Order have the meaning stated in the Rules for use of the Site.
In case of any inconsistency between the Rules for use of the Site and the present Order the provisions of the Order should be applied except for cases clearly stated in the Rules for use of the Site or the present Order.
While considering the allegations in accordance with the present Order the Site Administration is guided by the following principles:
The Site Administration complies with all Russian laws and doesn’t have control or censure over the use of the technical capability of the Site by the Users.
In accordance with law the Users have rights to use free the site capacity for the exchange of information during the discussions of the creative work by their favorite authors or performers or the discussion of the quality and the ways of using of the goods and services provided by third parties.
Support to the anti-piracy campaign
Unfortunately, the cases of illegal preservation, transfer, distribution or giving access to information or intellectual property items within our Site should not be ruled out.
The Site Administration should not assume the functions of the law enforcement or judicial agencies and the Administration cannot define whether or not the content posted on the site is illegal. In case of any dispute situations, the applicant should apply to law enforcement agencies or to the court.
The presumption of good faith of the users
The Site Administration respects our users and proceeds on the basis that the Site Users comply with requirements of the law and the Rules for use of the Site and carefully use the site capacity and resources.
The Site Administration recommends to any persons who suppose the Site content infringe their rights or interests to address directly to the Users who downloaded the content first of all. According to the experience, it is possible to resolve the problem quickly. In case of not obtaining the desired result, the interested person should apply to the Site Administration in accordance with the present Order.
The clarity and availability of the procedure
The filing of application in accordance with the present Order does not require any special technical or juridical knowledge or skill. The process of studying the applications is being accomplished free of charge under the terms of the common procedure.
The Site Administration assumes the obligations to provide the reliability of work of all technical equipment used for the filling and processing of applications and to provide fast communication with the applicant.
The good faith of the applicant
The Site Administration does not consider any anonymous applications or applications made on behalf of third parties except for the cases such applications are permitted by law.
The procedure of studying the applications stated in this Order should not be used to create any barriers against the legal Content distribution.
The applicant declares that the Content related to which the application was made had been posted on the Site by the Site User illegally.
2. The application related to the illegal Content posted
- 2.1. Any copyright holder of author's rights or associated intellectual property rights (hereinafter referred to as the “Applicant”) in case of Content posted by Users without his/her permission or legal basis being found on the Site has the right to fill the application of the violation of author's rights or associated intellectual property rights to the Content to the Site Administration.
- 2.2. To address the Site Administration the Applicant should use his/her own registered user account or should create a new registered user account. The official registration is necessary to provide the cooperation with the Site Administration and to provide the clarity and availability of the procedure of studying the applications with the use of user-friendly interface needed to give access to information related to the application. The authorized Applicant can fill in the web-form at: http://vk.com/dmca.
The application to the Site Administration within this web-form is considered as official application made in electronic formwith the aim to check the correspondence of the information presented to the paragraph 15.7 of the Federal Law “Theinformation and information technology protection”. The copyright holder has the right to waive the suggested form of cooperation and send a message to the juridical address of the LLC “VKontakte” or to its e-mail.
- 2.3. Addressing an Application to the Site Administration , the person should reasonably declare the infringement of his/her rights and legitimate interests. The application shall contain the following accurate information:
- 2.3.1. The Applicant's data, allowing to identify the person quickly and to contact him, if necessary, specifically by e-mail:
- a) for individuals - surname, name, patronymic, passport data (series and number, issuing authority, date of issue), contact information (phone number and / or Fax, email address);
- b) for legal persons - name, factual and legal addresses, contact information (phone number and / or Fax, email address).
- 2.3.2. Information on the specific Content (hereafter referred to as the “Disputed object”) posted on the Website without authorization from the owner or other legal basis;
- 2.3.1. The Applicant's data, allowing to identify the person quickly and to contact him, if necessary, specifically by e-mail:
- 2.3.3. The URL address of the Website page, referring to audio and video content from the SERPs on request in respect of the Disputed object and specifying the URL address of the personal page of one User referenced in the search results and a copy of the Disputed object on the page which the Applicant holds as reference to identify the Disputed object and its copies on the Website);
- 2.3.4. The statement of the presence of the ownership rights to the Disputed object posted on the Website without the authorization or other legal basis;
- 2.3.5. The statement of the absence of authorization for posting the Disputed object on the Website;
- 2.3.6. Consent from the Applicant to process his personal data (for the Applicant - individual).
- 2.4. An Applicant may attach copies of documents confirming his/her rights referring to the Disputed object. The Applicant may submit other information, in addition to the abovementioned documents including links to official resources, evidencing the Applicant’s ownership rights to the Disputed object. The Application may be accompanied by the documents containing other additional information on the application. If an authorized person submits the Application, it shall apply a copy of the document confirming its powers.
- 2.5. Due to the technical limitations of the web form The Applicant should make sure that the limit of the symbols is not exceeded. Website administration is not responsible for not taking actions referring to the Disputed objects from URLS outside of the specified limit in case of a technical failure in the transmission of relevant information to the Website Administration.
- 2.6. Regardless of the providing format of an URL addresses (directly in the web form or in an attached document) the activity of relevant hyperlinks should be provided, i.e. the ability of automatic transition to the Disputed object without entering a URL address manually.
- 2.7. The size of each electronic file attached to the application/complaint, shall not exceed 5 200 megabytes. Directing the application/complaint in accordance with the Order, the Applicant agrees that the information about him/her and (or) authorized persons (including personal data) and his/her application/complaint will be used by the Website Administration for further communications on the application/complaint, as well as may be directed by the Website Administration to the User who had filed the complaint.
- 2.8. In the case of incomplete information, inaccuracies or errors in the Application, the Website Administration has the right to send the Applicant a notice to confirm the submitted information.
- 2.9. Within 24 hours of the notice receipt, specified in paragraph 2.8. of this Regulations, the Applicant shall take measures aimed at filling in missing information, correcting inaccuracies and errors, and directs the updated information to the Website Administration.
3. Application processing of the illegal placement of Content and response measures
- 3.1. If the received statement fully complies with the requirements of paragraphs 2.2.-2.7. of these Regulations and there are no signs of abuse described in section 5 of the Regulations, the Website Administration is taking the necessary measures to stop the infringement of intellectual property rights of the Applicant as described in paragraph 3.2.below. The date of the application receipt shall be the date of successful submission of the completed form by the Applicant via the web interface, displayed, in particular, in the relevant section of the page of the Applicant on the Website.
- 3.2. At determinable future time from the date of the application receipt or verified information by the Applicant (in case of sending a notification to the Applicant referred to in paragraph 2.8. of this Regulation) the Website Administration removes the Disputed object.
- 3.3. If there are evidences provided by Website Administration supporting the validity of the Disputed object placement on the Website, Website Administration has the right not to take measures specified in paragraph 3.2. of these Regulations and shall send the Applicant a notification applying these evidences.
- 3.4. If questions and reasonable objections arise referring the removal of the Disputed object, the User (including the administrator of the Community) can contact the technical support Service of the Website (when filing objections, the User must provide accurate information on the ownership rights of the Disputed object, the justification of ownership rights, and duly certified copies of documents confirming the User's rights to the Disputed object).
4. The technologies used by the Website Administration
The Website administration is committed to constantly improve the technologies that prevent infringement of intellectual property rights on the Website. At the date of the enactment of this version of the present Order the Website Administration carries out the experimental operation technology of a digital fingerprints identifying and removing the Disputed objects.
5. An Abuse of the applications processing
There shall not be any possibilities to abuse the procedure established by the present Order.
These actions are recognized by the Site Administration as the abuse by the Applicants:
- repeated requests with applications, formally corresponding to the requirements of the present Order, but containing false information based on the inspection results;
- falsification of documents (including electronic) and information;
- the filing of complaint with a violation of paragraph 2.2 of the Regulations or using the account, containing unreliable information;
- the use of automatic mailings and/or “robots” to access and/or to communicate with the Site Administration;
- the appeal of the Applicant after the submission of an electronic application under the terms of the present Order to the Site Administration with the same complaint in related to the same Disputed object in any other way, if there is no reference to the number of the originally submitted electronic application and vice versa, – the appeal of electronic statement in accordance with the Rules after the Website Administration was sent the same statement in respect of the same Disputed object in any other way.
6. Storage and confidentiality of information
The Site Administration has the right to store all data, documents and emails relating to the application processing within three (3) years from the date of completion of the application/complaint procedure, if longer storage and use of relevant information is not necessary for purposes of rights protection of Site Administration. The provisions of the present Order do not affect the period of storage of information under the personal page of the Website used by the Applicant for the application, which is determined by the Applicant.
The Site Administration doesn't disclose information on the status of the application, the content of deleted Disputed objects and applications, except for the cases stipulated by law and the present Order.
The Site Administration reserves the right to amend changes and additions to this Order. Current version of the document may be found at the following address: http://vk.com/help?page=cc_terms