Intellectual Property Takedown Policy

Effective Date: 23 November 2021

The meanings of capitalised terms used in this policy are as defined in our Terms and Conditions.

As creators ourselves, we understand the importance of protecting Intellectual Property Rights, including copyright and registered trade marks (let's just call them IP), so in this policy we've outlined our position on IP and the steps we'll take in relation to IP infringement complaints.

Our Terms and Conditions prohibit users from using the Linktree Service in a way that would infringe another person's IP. An IP infringement occurs when a person uses somebody else's IP in a way that is inconsistent with the rights of the IP holder (we've given a bit more of an explanation about this below).

We take complaints of IP infringement really seriously and in accordance with our Terms and Conditions, we will remove Content on Linktree if we have information that clearly shows the Content infringes another person's IP rights.

This policy applies to users of the Linktree Service, as well as third party IP owners. The policy sets out:

• how you can submit a report to Linktree if you think Content or a Linktree username infringes your copyright or registered trade mark (Intellectual Property Report); and
• the steps that can be taken if you believe your Content was removed or your Linktree username was reclaimed by mistake or without proper reason in response to an Intellectual Property Report.

This can be a complicated area of law and Linktree is not in a position to adjudicate disputes relating to alleged IP infringement and will not give anyone legal advice. If you are not sure whether your IP is being infringed, we suggest you conduct further research or seek advice from a lawyer.

We also encourage rights holders to contact users directly, as you may be able to resolve an issue over infringing Content more quickly and efficiently this way.

Please note that Linktree is not able to review Intellectual Property Reports relating to content on third party websites. You will need to contact the website operator for the content to resolve the issue.

Repeat Infringer Policy: Linktree respects the IP of others and we expect our users to do the same. If you repeatedly infringe the IP rights of others, we reserve the right to temporarily or permanently disable your Linktree account.

2. Copyright

1. What is copyright?

Copyright is a type of IP right that protects original works such as paintings, logos, lyrics, poetry, music, videos and photography. In most countries, the person who creates or writes the work, will own copyright. For example, an artist will own copyright in the paintings they paint; if you take a photograph, you will own copyright in that photograph.

Ownership of copyright in an original work gives you the exclusive right to deal with that work, including making copies of that work, communicating it to the public and giving other people permission to do those things. If someone uploads or publishes your original work on their Page without your permission, that may be an infringement of your copyright.

There are examples where use of your work may not be copyright infringement, and countries will have different rules and exceptions which allow people to use copyrighted work. For example, under some ‘fair use’ exemptions, extracts of copyright material may be used to comment upon, criticize, or parody the copyright work. These exemptions can vary from country to country.

2. How do I make a report of copyright infringement?

If you think someone is infringing your copyright on their Page, please submit an Intellectual Property Report (also called a “takedown notice”).

Please include all of the information requested in the form, as incomplete or incorrect information may prevent us from properly considering your complaint. Intellectual Property Reports concerning copyright are provided to our designated DMCA copyright agent. If for some reason you do not wish to use our online form, you can submit a complaint of copyright infringement directly to our designated agent at:

Linktree Copyright Agent
Email: copyright@linktr.ee
Address: 37 Islington Street, Collingwood, Melbourne, VIC 3066, Australia
Contact number: +1-888-311-1669

If you choose to submit a complaint directly to our copyright agent, you must include the same information that is requested in the Intellectual Property Report.

Once we receive an Intellectual Property Report (either online or via a direct email or letter to our copyright agent), we will assess it and, if appropriate, take down the allegedly infringing Content (which may mean we have to take down your Linktree profile if we are unable to remove the identified Content individually).

Please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages in some countries, including under the United States Digital Millennium Copyright Act (DMCA) or similar laws.

By submitting the Intellectual Property Report, you consent to us providing your name, contact details and any other information included in your Intellectual Property Report to the Linktree user. The Linktree user may wish to contact you directly to try to resolve the issue. Alternatively, they may submit a Copyright Counter Notice (see paragraph 2.3 below).

3. What if my Content is removed due to copyright infringement?

If your Content is removed in response to an Intellectual Property Report, we will send you an email notification (to the email address you used to sign up to the Linktree Service) together with a copy of the Intellectual Property Report.

If you believe that your Content should not have been removed, you can either contact the rights holder directly to request a withdrawal of the complaint, or submit a Copyright Counter Notice.

If you submit a Copyright Counter Notice, please include all of the information requested in the form (including factual and legal reasons likely to persuade us to reconsider our position), as incomplete or incorrect information may prevent us from properly assessing your Copyright Counter Notice. We must have received your Copyright Counter Notice within 30 days of us notifying you that your Content has been removed. Copyright Counter Notices received after this time will not be considered.

Please be aware that intentionally submitting a misleading or fraudulent Copyright Counter Notice may lead to liability for damages under the DMCA or similar laws in some countries.

Once a valid Counter Notice has been submitted, we will notify the rights holder and provide them with a copy of your Counter Notice, including your name and contact details. By submitting the Counter Notice, you consent to us providing your name, contact details and any other information in your Counter Notice to the rights holder.

The rights holder then has 10 business days to let us know that they have commenced legal proceedings against you seeking a court order to keep the Content down. If they do not notify us (and provide documentary proof) within this time, we will restore the Content. Please be patient as restoring removed Content may take a few extra days. If they do notify us (and provide documentary proof) within that time, we will not restore the Content and you will need to resolve the issue directly with the rights holder.

3. Trade marks

1. What are registered trade marks?

A trade mark is a word, phrase, symbol or design (or a combination of these) that distinguishes and identifies the goods or services of an individual or a business. Examples are brand names, slogans or logos.

Trade marks must be registered, and they are only registered in respect of particular goods and/or services, which must be done on a country-by-country basis (except in Europe). Just because you have a registered trade mark in one country or region, doesn't necessarily mean that you can stop people from using that trade mark in another country (even if it is visible online in the country of registration).

Generally, infringement of a registered trade mark will occur when someone uses another person's registered trade mark without permission in relation to the same or similar goods or services as a “badge of origin” (that is, a brand) or in a way that is likely to cause confusion as to the source of the goods or services. Using a trade mark for non-commercial purposes to reference or describe a brand, or to critique goods and services, would not usually be considered trade mark infringement.

2. How do I make a report of a registered trade mark infringement?

If you think someone is infringing your registered trade mark on their Page or in their Linktree username, please submit an Intellectual Property Report.

Please include all the information requested in the form, as incomplete or incorrect information may prevent us from properly considering your complaint. Please note we will only consider a complaint of trade mark infringement based on a registered trade mark right – we will not consider any allegations of infringement of unregistered rights. You therefore must provide proof of registration of your trade mark with your Intellectual Property Report.

Once we receive an Intellectual Property Report, we will assess it and, if appropriate, we may take down the allegedly infringing Content (which may mean we have to take down your Linktree profile if we are unable to remove the identified Content individually). and/or reclaim the Linktree username. If we do, please be aware we will provide a copy of your Intellectual Property Report (including your name and contact details) to the Linktree user. By submitting the Intellectual Property Report, you consent to us providing your name, contact details and any other information in your Intellectual Property Report to the Linktree user. The Linktree user may get in touch with you directly to try to resolve the issue. Alternatively, they may submit a Trade Mark Counter Notice (see paragraph 3.3 below).

Please note that we may transfer a reclaimed Linktree username to you upon request, but only after the original Linktree user has been given chance to submit a Trade Mark Counter Notice as outlined in paragraph 3.3 below and only if we have determined that the username should not be reinstated.

3. What if my Content is removed or my Linktree username is reclaimed due to trade mark infringement?

If your Content is removed or your Linktree username is reclaimed in response to an Intellectual Property Report, we will send you an email notification, together with a copy of the Intellectual Property Report.

If you believe that your Content should not have been removed or your Linktree username should not have been reclaimed, you can either contact the rights holder directly to request a withdrawal of the complaint, or submit a Trade Mark Counter Notice. Please include all the information requested in the form (including factual and legal reasons likely to persuade us to reconsider our position), as incomplete or incorrect information may prevent us from properly assessing your Counter Notice. We must have received your Trade Mark Counter Notice within:

• 30 days of us notifying you that your Content has been removed; or
• 5 days of us notifying you that your username is being reclaimed.

Trade Mark Counter Notices received after this time will not be considered.

Once a Trade Mark Counter Notice has been submitted, we will consider it and, if appropriate, restore the Content and/or reinstate your Linktree username. Please be patient as restoring removed Content and reinstating usernames may take a few extra days.

If the Content is restored and/or your Linktree username is reinstated, we will notify the rights holder and provide them with a copy of your Counter Notice, including your name and contact details. By submitting the Trade Mark Counter Notice, you consent to us providing your name and contact details to the rights holder. The rights holder will need to resolve any further dispute directly with you and we will only take further steps in relation to the Content and/or Linktree username where we receive evidence that the dispute has been formally resolved.

Please only use the Intellectual Property Form for complaints regarding alleged infringement of copyright or registered trade marks. If you think someone is using the Linktree Service in a way that violates our Terms and Conditions in another way, please get in touch with us through our Report a violation form.