The Limited Liability Company "MAOMBI RU" (the "Operator") respects the intellectual property rights of third parties and other rights protected by the legislation of the Russian Federation. If a rights holder or other authorised person has discovered on the Operator's website at https://torrent-client.com/ (the "Site") materials whose placement infringes their rights, the Operator is prepared to review the corresponding application promptly and to take measures in the manner established by the legislation of the Russian Federation and by this document.
This document sets out the procedure for sending applications concerning the infringement of intellectual property rights to the Operator, as well as the procedure for their consideration. The document has been drawn up taking into account the provisions of Articles 15.2 and 15.7 of Federal Law No. 149-FZ of 27 July 2006 "On Information, Information Technologies and the Protection of Information" and Article 1253.1 of the Civil Code of the Russian Federation.
1. Information about the Operator
- Full name: Limited Liability Company "MAOMBI RU"
- Short name: LLC "MAOMBI RU"
- Taxpayer identification number (INN): 7703428642
- Registered address: Russia, Moscow
- Contact email address for sending notifications: support@maombi.com
2. Status of the Operator
The Operator is an information intermediary within the meaning of Article 1253.1 of the Civil Code of the Russian Federation. The Operator does not create or place on the Site the third-party Software described on the Site, and is not its author or rights holder, unless otherwise expressly indicated on the Site.
In accordance with Article 1253.1 of the Civil Code of the Russian Federation, the Operator is not liable for infringement of intellectual property rights that has occurred as a result of the placement of materials on the Site, provided that the Operator has complied with the measures prescribed by law, including the timely response to substantiated notifications of infringement of rights.
3. Who may send a notification
The following persons are entitled to send the Operator a notification of infringement of rights:
- The rights holder — a person holding exclusive rights to a result of intellectual activity or to a means of individualisation (a work, a computer program, a trademark, a trade name or other objects).
- An authorised representative of the rights holder, acting on the basis of a power of attorney or another document confirming their authority.
- A person whose other rights have been infringed by the placement of material on the Site (for example, the right to one's own image, the right to privacy, the right to the protection of honour and dignity).
4. Content of the notification
A notification of infringement of rights must contain the following information, as prescribed by Article 15.7 of Law No. 149-FZ:
4.1. Information about the applicant
- for a natural person — surname, first name and patronymic, identity document details (series and number, by whom and when issued), contact information (email address, telephone number);
- for a legal entity — full name, location and address, taxpayer identification number (INN), primary state registration number (OGRN), contact information (email address, telephone number);
- if the notification is sent by a representative — also information about the representative and the details of the document confirming their authority.
4.2. Information about the object whose rights have been infringed
- the name of the object of intellectual property (a work, a computer program, a trademark, etc.);
- a description of the object allowing it to be identified unambiguously;
- information about the applicant's rights to the object (for example, the details of a trademark registration certificate, or of the contract on the basis of which the applicant acquired the rights, etc.).
4.3. Information about the infringement
- an indication of the specific addresses (URLs) of the pages of the Site on which the material infringing the applicant's rights is placed;
- a description of the nature of the infringement (unauthorised use of a work, unlawful use of a trademark, other);
- where possible — screenshots or other evidence of the existence of the infringement.
4.4. Statements of the applicant
- a statement that the applicant has a good-faith belief that the use of the material in question on the Site is carried out without the permission of the rights holder and in breach of the law;
- a statement, made on the applicant's own responsibility, as to the accuracy of the information provided in the notification and as to the applicant's authority to act on their own behalf or on behalf of the rights holder;
- the applicant's consent to the processing of their personal data for the purposes of consideration of the notification.
4.5. Signature of the applicant
- the handwritten signature of the applicant (for notifications on paper);
- an electronic signature or another form of confirmation allowing the applicant to be identified (for electronic notifications).
5. Procedure for sending a notification
5.1. A notification of infringement of rights shall be sent to the Operator by one of the following means:
- by email to support@maombi.com with the subject line "Notice of infringement of rights";
- to the postal address of the Operator indicated in Section 1, marked "Notice of infringement of rights".
5.2. Where necessary, the notification shall be accompanied by documents confirming the information set out in it, including:
- a copy of the document proving the identity of the applicant (for natural persons), or the constituent documents (for legal entities);
- a copy of the document confirming the applicant's rights to the object of intellectual property;
- a copy of the power of attorney or of another document confirming the authority of the representative.
5.3. Notifications that do not comply with the requirements of this document (including anonymous notifications, notifications not containing sufficient information to identify the applicant or the object of the infringement, and notifications that do not make it possible to establish the fact of infringement) may be left without consideration by the Operator, with notice to the applicant of the reasons for the refusal.
6. Procedure for consideration of the notification by the Operator
6.1. The Operator considers notifications of infringement of rights received by it within a reasonable time, as a rule within 3 (three) business days of the receipt of a notification that meets the requirements of this document.
6.2. When considering a notification, the Operator:
- verifies the compliance of the notification with the requirements established by this document;
- assesses whether the information set out in the notification is well founded;
- where necessary, requests additional information or documents from the applicant.
6.3. Based on the results of its consideration of the notification, the Operator takes one of the following decisions:
- to remove the material in respect of which the notification has been submitted, or to restrict access to it;
- to refuse to remove the material, if the information set out in the notification is insufficient, inaccurate or unfounded;
- to request additional information or documents from the applicant.
6.4. The Operator notifies the applicant of the decision taken at the email address indicated in the notification.
6.5. Upon receipt of a demand from the Federal Service for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor) issued in accordance with Article 15.2 of Law No. 149-FZ, the Operator shall take measures to remove, or to restrict access to, the material specified in the demand within the time limits established by the demand.
7. Knowingly false notifications
7.1. The applicant is responsible for the accuracy of the information set out in the notification of infringement of rights.
7.2. In the event of the sending of a knowingly false notification that has resulted in the unjustified removal of materials from the Site or in other damage to the Operator, the applicant may be held liable in accordance with the legislation of the Russian Federation, including liability to compensate for the losses caused by such notification.
8. Particular features of notifications concerning software
8.1. Information about the software of third parties (the rights holders of that software) is placed on the Site. The Operator is not the developer and/or the rights holder of the Software placed on the Site, unless otherwise expressly indicated on the Site.
8.2. If the rights holder of Software about which information is placed on the Site considers that such placement infringes its rights, it is entitled to send the Operator a notification in the manner provided for by this document.
8.3. Upon substantiated notifications from rights holders of Software, the Operator promptly removes the information about the corresponding software, including the links for downloading the Installation files.
9. Use of trademarks and other means of individualisation
9.1. All trademarks, trade names, logos and other means of individualisation mentioned on the Site are the property of their respective rights holders.
9.2. The Operator is not affiliated with the rights holders of the trademarks mentioned on the Site and does not act as their official distributor or partner, unless otherwise expressly indicated on the Site.
9.3. The use of trademarks and other means of individualisation on the Site is carried out solely for informational purposes — in order to identify the corresponding Software — and does not imply the existence of any relationship between the Operator and the rights holders.
9.4. Upon receipt of substantiated objections from rights holders concerning the use of their means of individualisation, the Operator is prepared to consider such objections promptly in the manner provided for by this document.
10. Final provisions
10.1. This document is published on the Site at https://torrent-client.com/en/pages/dmca/ and is available for review by an indefinite range of persons.
10.2. The Operator is entitled to make amendments to this document. The current version of the document is published on the Site.
10.3. On all matters relating to notifications of infringement of rights, applicants are entitled to contact the Operator at the email address support@maombi.com.