Skip to content

Intellectual Property Policy

CleverGifs is on a mission to empower businesses and marketers to revolutionise the way email creatives are deployed. We value our global community of creators who develop on our platforms and we take intellectual property rights very seriously.

When you use CleverGifs, you agree that any content you upload or put into a design (like photos, videos, text and audio) does not violate third party rights of any kind. The safest way to ensure you stick to this agreement is to only upload content you created yourself, or that you have permission to use.

This policy sets out CleverGifs’s position on intellectual property infringement and explains how you can make a complaint if you believe there is content on CleverGifs that violates your rights. We’ve also included some general information about intellectual property – but please remember this is not legal advice.

What is Intellectual Property?

Intellectual property refers to creations of the mind and includes things like inventions, literary and artistic works, designs and symbols. It is protected by legal rights like copyright and trademarks, which enable people to have exclusive rights over their creations and to only allow other people to use their creations with their permission.

Copyright protects the expression of an original idea in a material form. It protects artistic works (such as graphics or photographs), literary works (such as poems, lyrics and stories), films, musical works and sound recordings.

Trademarks protect the use of particular marks, from words and logos, to colors and sounds, that distinguish a source of goods or services.

Who owns the IP in a design made on CleverGifs?

This depends on its composition. Generally speaking, if you’re the creator of an original design, you’re also the copyright owner. But if you used template content (e.g. pre-made templates from the CleverGifs library) in your design, your ownership is subject to those template licenses.

CleverGifs gives you non-exclusive licenses to use various elements in your designs, including photos, graphics, videos, fonts, and music. For more information, contact us.

Submitting an infringement notice to CleverGifs

CleverGifs will respond to alleged copyright infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) and trademark infringement notices that comply with this policy.

If you believe that: your copyright work has been used in a way that constitutes copyright infringement; or your trademark has been used in a way that constitutes trademark infringement, and is accessible via the Service, please notify CleverGifs by providing the following information via email: An electronic signature of a person authorized to act on behalf of the copyright or trademark owner; Identification of the copyright work or trademark that you claim has been infringed (in the case of a trademark, please provide the registration number and jurisdiction); Identification of the material that is claimed to be infringing and where it is located on the Service (e.g. URL); Your address, telephone number and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright or trademark owner or are authorized to act on behalf of the rights owner. Email: [email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying CleverGifs that your copyright or trademark material has been infringed. The preceding requirements are intended to comply with CleverGifs’s rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to seek legal advice regarding your rights and obligations under the DMCA and other applicable laws.

What happens after an infringement notice has been submitted?

CleverGifs has an obligation to act on notices filed in accordance with our Intellectual Property Policy. If CleverGifs receives a valid infringement notice, the cited material will be removed from the Service and we will notify the CleverGifs user who owns that material.

We recommend that you seek legal advice if you are unsure why your work has been included in a notice – CleverGifs is unable to provide legal advice to users.

Submitting a counter notice If you believe that your content was taken down in error, you may submit a counter notice. The counter notice must include the following information in email: An electronic signature of the person authorized to act on behalf of the owner of the relevant content; A description of the content we have removed, including where it was located on the Service (e.g. URL); Your address, telephone number, and email address; A statement by you that you consent to the jurisdiction of any United States federal district court in California and that you will accept service of process from the person who provided notification described above or an agent of such person; A statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The above information must be submitted to the DMCA Agent noted above.  REMEMBER: False statements in a counter-notice may lead to criminal or civil penalties.

If your counter notice is complete and valid we will forward it directly to the complainant with your contact information. At that time, the complainant may take legal action against you in the United States. If after 10-14 days the complainant has not taken legal action against you, you may contact us to request that we reinstate your content. If your content otherwise complies with our Terms of Use, we may reinstate your content at that time.

Repeat infringement

In accordance with the DMCA and other applicable law, CleverGifs has adopted a policy of terminating, in appropriate circumstances, users who we consider to be repeat infringers.

CleverGifs may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.