This document sets out the policy of Kraken Ventures Limited (‘Kraken’) in respect of intellectual property rights owned by and/or licensed to third parties (‘you’).
1. Kraken Ventures Limited
Kraken Ventures Limited is a company registered in England and Wales with the company registration number 08504691.
2. Third party intellectual property rights
2.1 Kraken uses all reasonable efforts to ensure that all content including without limitation images, graphics, holiday, experiences, trips and courses products offered for sale, write-ups and information (‘Content’) made available to users using www.kraken.travel or any other designated unique resource locator (‘Website’) have been procured with the consent and authorisation of the owners of such Content (‘Rights Owner’).
2.2 Notwithstanding paragraph 2.1, you acknowledge that due to the nature of the services provided by Kraken, Kraken may not conduct verification procedures on some or all aspects of the Content made available on the Website.
3. Notice of infringement
3.1 If you are a Rights Owner and believe that the Content (wholly or partly) made available on the Website infringes any of your proprietary rights, you may bring this to the attention of Kraken by providing Kraken with a valid Notice of Infringement.
3.2 A Notice of Infringement is only valid if it includes the following information:
3.2.1 details of the Rights Owner as set out below:
a) name of the Rights Owner;
b) geographical address of the Rights Owner;
c) email address;
d) telephone number;
e) fax number (if available);
f) a letter of authorisation by the Rights Owner if a third party is appointed to act on the Rights Owner’s behalf incorporating all the information set out in this paragraph 3.2.1 (a) to (e) and/or those of the third party representative,
3.2.2 identification, description and details of the specific aspect of the Content that is alleged to be an infringement of the Rights Owner’s proprietary rights;
3.2.3 specific details in respect of the Rights Owner’s proprietary rights that is infringed; and
3.2.4 the inclusion in the Notice of Infringement of the following statements:
a) ‘I have a good faith belief that the specific Content set out in this Notice of Infringement is not authorised by the Rights Owner, its authorised representative or under law and consequently, infringes the proprietary rights of the Rights Owner under the law of England and Wales.’
b) ‘I believe that all information contained in this Notice of Infringement to be genuine, true and accurate in accordance with the law of England and Wales’
3.3 You may send the Notice of Infringement to the contact details set out in paragraph 6 below.
4. Kraken’s response
4.1 Upon the receipt of a valid Notice of Infringement, Kraken shall:
4.1.1 contact the user who has made the infringing Content available on the Website; and
4.1.2 temporarily or permanently suspend and/or disable all access and/or remove the infringing Content from the Website.
4.2 Kraken may be required to disclose details of the Notice of Infringement in order to take the appropriate action. Consequently, you hereby consent to the disclosure of your details in the Notice of Infringement to the user who has made the infringing Content available on the Website.
5. Kraken’s liability
5.1 You understand and acknowledge that due to the nature of Kraken’ services, Kraken is merely acting as a host in respect of the Content made available on the Website. Consequently, Kraken simply acts as a venue to allow users who comply with Kraken’ policies to offer, sell, and buy certain goods within a fixed price format. Kraken is not directly involved nor participates in any way in the transaction between buyers and sellers.
5.2 Consequently, you hereby acknowledge and agree that:
5.2.1 Kraken is not and shall not be liable in any way and for any reason whatsoever in respect of any breach of intellectual property rights owned by Rights Owners in respect of the Content and/or the Website; and
5.2.2 Kraken’s liability as a host to the Content is discharged upon the performance of paragraphs 4.1.1 and 4.1.2, pursuant to Article 14 of the Directive of the European Parliament and of the Council 2000/31/EC and incorporated under the laws of England and Wales as Section 19 of the Electronic Commerce (EC Directive) Regulations 2002.
5.3 If you are a Rights Owner and you are unsure whether the Content on the Website infringes your proprietary right, Kraken strongly recommends that you promptly seek legal advice.
6. Contact details
Please direct any queries about this Intellectual Property Policy by email to: [email protected]