Copyright and Intellectual Property Policy

1. About this policy

This policy applies to content that anyone posts, uploads or sends through the Service, including event websites, even when they are served on a Host's own domain. It forms part of our User Agreement.

The person who posted content is responsible for it, as our User Agreement explains. Hosts are responsible for the content of their Events, including Event pages, speaker materials and recordings.

This policy is written for Australian law. It is not a United States DMCA process, but we may act on a DMCA-style notice that contains the information this policy asks for.

We run this process voluntarily. Running it, and acting or declining to act on a notice, is not an admission that any content infringes or that Panelist is liable for content posted by users. We are not a court, and our decision on a notice does not decide anyone's legal rights.

To complain about defamation, follow the process in our Community Guidelines. For harassment, privacy and other concerns, see Reporting a problem and our Privacy Policy.

2. Reporting infringement

If you own intellectual property, or are authorised to act for the owner, and you believe content on Panelist infringes it, email user-compliance@panelist.com with the subject "IP notice", including:

1. your name, email address, postal address and phone number;
2. if you act for the owner, the owner's name and your authority to act for them;
3. the work or right you say is infringed, with evidence of ownership where you can, such as a link to the original work;
4. the exact location of the content, such as its URL;
5. why the content infringes your rights and, as far as you know, why no permission, licence or exception applies;
6. what you would like us to do;
7. a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law;
8. a statement that your notice is accurate and that you are the owner or authorised to act for them; and
9. your physical or electronic signature.

We may not act on a notice that is incomplete, unclear or not in English, and we may ask you for more information or evidence of your rights.

3. Trade marks, passing off and other rights

You can also use this process to report content that you believe:

• infringes your registered trade mark;
• passes itself off as you or falsely suggests an association with you, for example that you sponsor an Event when you do not;
• discloses your confidential information without authority; or
• infringes another intellectual property right, such as a registered design or a performer's rights.

For a registered trade mark, include the registration number and the register. For an unregistered mark or passing off, explain how your reputation arose and how the content is likely to mislead people.

If someone is pretending to be you personally, report it under our Community Guidelines.

The rules for using Panelist's own names, logos and the Hugo character are in our Acceptable Use Policy. To report misuse of them, email user-compliance@panelist.com.

4. What we do with a notice

We review notices and may ask for more information. We may then:

• remove the content or disable access to it;
• ask the person who posted it to remove or change it, or to respond to the notice;
• pass the notice to the Host or Customer responsible for the content, so that it can deal with it;
• restrict features of the account that posted it; or
• take no action, for example if the content does not appear to infringe or the matter is a dispute for the parties or a court.

We decide what to do at our discretion, considering the strength of the claim and any response to it. We do not promise to act within any particular time.

We may give the person who posted the content a copy of your notice, including your name and contact details, so that they can respond. By sending a notice, you agree to this. You may instead give the details of a lawyer or agent authorised to act for you.

We keep records of notices, counter-notices and what we did, and may share them with our advisers or as the law requires.

5. If your content was removed

If content you posted was removed or disabled because of a notice and you believe that was a mistake, or that you have the right to use it, email user-compliance@panelist.com with the subject "IP counter-notice", including:

1. your name, email address, postal address and phone number;
2. the content that was removed and where it appeared;
3. why the removal was a mistake, or your right to use the content, with any evidence such as a licence;
4. a statement that you agree to us giving your counter-notice, including your contact details, to the person who sent the notice, and that you understand they may take legal action against you;
5. a statement that your counter-notice is accurate; and
6. your physical or electronic signature.

If the person who sent the notice does not tell us, within 10 business days after we pass on your counter-notice, that they have started legal proceedings, we may restore the content. We do not have to restore it, for example if we reasonably believe it infringes, breaches our User Agreement or creates a legal risk.

6. Repeat infringers

We may suspend or close the accounts of Members, Hosts or Workspaces that repeatedly or seriously infringe others' rights. In deciding, we may consider how many well-founded notices we have received, how serious the infringements were, and whether the person removed content when asked.

We make these decisions under the "Suspension and termination" section of our User Agreement, which explains how to ask us to review them.

7. False notices and unjustified threats

Do not send a notice or counter-notice that is false or misleading.

• Misleading conduct. A false notice or counter-notice may be misleading or deceptive conduct under the Australian Consumer Law or other laws, and you may be liable for the loss it causes.
• Unjustified threats. Under section 202 of the Copyright Act 1968 (Cth), a person aggrieved by an unjustified threat of copyright infringement proceedings can seek a declaration, an injunction and damages against the person who made it. The Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth) and Patents Act 1990 (Cth) have similar provisions. A notice that asserts infringement, or threatens legal action, against a user may be such a threat.
• Misuse. Using notices to suppress criticism, competition or lawful content, or to harass someone, misuses this process.

We may decline to act on notices from anyone who has sent false, misleading or abusive notices, and may restore content removed because of them.

Some uses generally need no permission, such as fair dealing for criticism, review or reporting news, and honest references to another business, for example saying that it sponsors an Event. If you are unsure whether content infringes your rights, consider getting legal advice before you send a notice.

8. Contact

Notices and counter-notices: user-compliance@panelist.com. Notices sent to our support address may be delayed.

General enquiries: support@panelist.com.

FCR RSC Pty Ltd (ABN 37 682 852 213), trading as Panelist, New South Wales, Australia.