Gazeta Românească operates as a community-driven news platform. We make every effort to ensure that all content, including images and text, is used with permission or in accordance with the provisions of „Fair Dealing” (UK) and „Fair Use” (USA).
In compliance with the UK Copyright, Designs and Patents Act 1988 and the Digital Millennium Copyright Act (DMCA) in the USA, we maintain a strict Notice and Takedown Policy. If you identify any content on this website that belongs to you and has been used without authorization, please notify us immediately at: [contact@gazetaromaneasca.co.uk].
Upon receipt of a valid claim, we will remove the disputed material promptly. By accessing this site, you acknowledge and agree that such immediate remedial action constitutes a full and final resolution of the matter, and you hereby waive the right to further legal pursuit or financial claims for any unintentional copyright infringement.
„The content of Gazeta Românească is published for informational and community purposes. We make substantial efforts to ensure that only authorized materials are used. In accordance with UK copyright legislation and the US Digital Millennium Copyright Act (DMCA), we operate under the ‘Notice and Takedown’ principle.
If you are the legal owner of any visual or textual material found on our website that has been published without your consent or proper attribution, please contact us immediately at [contact@gazetaromaneasca.co.uk]. We commit to reviewing your request and removing the targeted content within a maximum of 24-48 hours of notification, prior to any legal action.
By using this website, you acknowledge and agree that the prompt removal of the disputed content constitutes a full satisfaction of any claim and extinguishes any further financial liability, as Gazeta Românească acts as a Good Faith Content Provider.”
WARNING: INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
Gazeta Românească operates as a community-driven news platform. We make every effort to ensure that all content, including images and text, is used with permission or in accordance with the provisions of „Fair Dealing” (UK) and „Fair Use” (USA).
In compliance with the UK Copyright, Designs and Patents Act 1988 and the Digital Millennium Copyright Act (DMCA) in the USA, we maintain a strict Notice and Takedown Policy. If you identify any content on this website that belongs to you and has been used without authorization, please notify us immediately at: [contact@gazetaromaneasca.co.uk].
Upon receipt of a valid claim, we will remove the disputed material promptly. By accessing this site, you acknowledge and agree that such immediate remedial action constitutes a full and final settlement of the matter, and you hereby waive the right to pursue further legal action or financial claims for any unintentional copyright infringement.
- Our approach
We respect intellectual property rights and expect our users and contributors to do the same. Where we are notified of alleged copyright infringement relating to content made available on this website, we will review the notice and may remove or disable access to the content as appropriate. - How to submit a notice
If you believe that content on this website infringes your copyright, please send a written notice to our designated contact set out below. To help us process your request promptly, your notice should include:
(a) your full legal name and postal address (and, where available, telephone number and email address);
(b) identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are involved);
(c) the exact URL(s) on our website where the material appears and a clear description of the material complained of;
(d) an explanation of why you believe the use is infringing, including (where relevant) details of ownership or authority to act on behalf of the rights holder;
(e) a statement that you are submitting the notice in good faith and that the information provided is accurate to the best of your knowledge; and
(f) your electronic or physical signature (typed name is acceptable). - Our response
Upon receipt of a sufficiently detailed notice, we may:
(a) remove or disable access to the material;
(b) request further information where the notice is incomplete or unclear; and/or
(c) notify the person who supplied the content (if applicable). - Counter-notice (where applicable)
Where content was supplied by a user or third party, that party may submit a counter-notice explaining why they believe the material should not be removed (for example, because they own the rights, have permission, or rely on a lawful exception). We may, at our discretion, restore access if the complaint cannot be substantiated or if the parties resolve the matter. - Repeat infringement
We may suspend or terminate accounts of users who repeatedly upload or submit infringing material. - No admission / reservation of rights
Our taking down or disabling access to material is a precautionary step and does not constitute an admission of liability. We reserve all rights and remedies.
1. Legal Status of the Website
Gazeta Românească operates as an online publisher and, where applicable, as a hosting service provider within the meaning of:
the Copyright, Designs and Patents Act 1988 (UK);
the Electronic Commerce (EC Directive) Regulations 2002 (UK);
retained EU law where applicable;
and, where relevant, principles consistent with the US Digital Millennium Copyright Act (DMCA).
We act in good faith and do not knowingly host or publish infringing material. Where content is supplied by contributors, users, partners or third parties, Gazeta Românească does not exercise prior editorial control over all materials and relies on statutory safe harbour protections where applicable.
2. Zero-Tolerance for Bad Faith or Abusive Claims
We respect legitimate intellectual property rights.
However, we also reserve the right to reject, challenge or formally contest:
incomplete notices;
automated bulk enforcement claims;
speculative invoice demands;
claims unsupported by evidence of ownership;
misrepresentations of copyright status;
bad faith or abusive enforcement tactics.
Knowingly submitting a false or misleading copyright claim may expose the sender to legal liability under applicable law.
3. Requirements for a Valid Copyright Notice
To be considered valid, a notice must include ALL of the following:
Full legal name, address and contact details of the claimant;
Clear identification of the copyrighted work;
Exact URL(s) where the allegedly infringing material appears;
Documentary evidence of ownership or authority to act;
A detailed explanation of the alleged infringement;
A statement of good faith belief;
A statement that the information is accurate;
An electronic or physical signature.
We reserve the right to request additional documentation, including but not limited to:
copyright registration certificates (where applicable);
licence agreements;
assignment documentation;
proof of exclusive rights.
Failure to provide sufficient evidence may result in no action being taken.
4. Expeditious but Non-Admitting Response
Upon receipt of a sufficiently substantiated notice, we may:
remove or disable access to the material;
restrict access geographically;
seek clarification;
notify the content provider;
preserve evidence for legal assessment.
Any removal is strictly precautionary and without admission of liability, wrongdoing or infringement.
We expressly reserve all statutory and common law defences, including but not limited to:
innocent infringement;
fair dealing (UK);
fair use (US);
reporting of current events;
quotation rights;
public interest defence;
implied licence;
de minimis use.
5. Counter-Notice & Dispute Handling
Where material was provided by a third party, that party may submit a counter-notice supported by evidence.
Gazeta Românească is not obliged to adjudicate complex ownership disputes and may maintain removal pending court order or mutual resolution between parties.
We reserve the right to decline reinstatement where legal risk remains unresolved.
6. Repeat Infringers
Accounts may be suspended or permanently terminated where users:
repeatedly submit infringing material;
ignore prior warnings;
submit fraudulent counter-notices;
engage in systematic copyright abuse.
7. Limitation of Liability
To the fullest extent permitted by law:
Gazeta Românească shall not be liable for:
indirect or consequential losses;
speculative licensing claims;
inflated statutory damages not applicable under UK law;
automated enforcement demands unsupported by judicial determination.
Nothing in this policy excludes liability where such exclusion would be unlawful.
8. Jurisdiction and Governing Law
This policy shall be governed by and construed in accordance with the laws of England and Wales.
Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless otherwise required by mandatory law.
9. Reservation of Rights
Gazeta Românească expressly reserves all rights and remedies available under:
UK law;
EU retained law;
US federal law (where applicable);
common law principles.
No action taken under this policy constitutes:
an admission of liability;
a waiver of rights;
acceptance of jurisdiction outside the UK;
acknowledgment of damages.
10. Designated Contact
Email: contact@gazetaromaneasca.co.uk 11. Automated Enforcement Entities - Where copyright claims are submitted by automated enforcement agencies, stock image monitoring entities, or third-party recovery agents, we reserve the right to:
- request direct confirmation from the original rights holder;
- verify contractual authority;
- challenge speculative settlement demands;
- require judicial determination prior to any payment discussion.
- LEGAL, COPYRIGHT & INTELLECTUAL PROPERTY POLICY
- 1. INTELLECTUAL PROPERTY & COPYRIGHT NOTICE
- Gazeta Românească operates as a community-driven news platform. We make every effort to ensure that all content, including images and text, is used with permission or in accordance with the provisions of „Fair Dealing” (under Section 30 of the UK Copyright, Designs and Patents Act 1988) and „Fair Use” (USA).
- Where content is used for the purposes of reporting current events, criticism, or review, we strictly adhere to the statutory exceptions provided under UK law.
- 2. NOTICE AND TAKEDOWN POLICY (SAFE HARBOUR)
- In compliance with the UK Copyright, Designs and Patents Act 1988 and the Digital Millennium Copyright Act (DMCA), we maintain a strict Notice and Takedown Policy.
- Good Faith: Gazeta Românească acts as a Good Faith Content Provider and a hosting service provider within the meaning of Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002.
- Procedure: If you identify any content on this website that belongs to you and has been used without authorization, please notify us immediately at: contact@gazetaromaneasca.co.uk.
- Remedy: Upon receipt of a valid claim, we will remove the disputed material promptly (typically within 24-48 hours). You acknowledge that such immediate remedial action constitutes a full and final resolution of the matter, and you waive the right to further legal pursuit or financial claims for unintentional infringement.
- 3. USER-GENERATED CONTENT & EXTERNAL LINKS
- Third-Party Content: Gazeta Românească does not proactively monitor all user-generated content, comments, or third-party submissions. Liability for such content rests solely with the originator. We reserve the right to remove any content deemed infringing or unlawful without prior notice.
- External Links: This website may contain links to external sites. We are not responsible for the copyright compliance, privacy policies, or content of these third-party websites.
- 4. USER INDEMNITY (COPYRIGHT & IP)
- Users, contributors, advertisers, and third-party content providers agree to indemnify, defend, and hold harmless Gazeta Românească, its owners, directors, and employees from and against any and all claims, liabilities, damages, and legal costs (including solicitor fees on a full indemnity basis) arising out of content supplied by them or any alleged infringement of intellectual property rights. This indemnity survives the termination of access.
- 5. PRE-ACTION PROTOCOL COMPLIANCE (ENGLAND & WALES)
- Before commencing proceedings in the courts of England & Wales, claimants are strictly expected to comply with the Pre-Action Protocol under the Civil Procedure Rules (CPR). Gazeta Românească requires:
- A formal Letter of Claim;
- Clear identification of the legal basis and evidence of ownership;
- Quantification of alleged damages;
- A reasonable response period (not less than 14 days). Failure to comply with these protocols will be raised before the court regarding the issue of legal costs.
- 6. ANTI-SPECULATIVE INVOICE & ENFORCEMENT CLAUSE
- Gazeta Românească will not acknowledge or make payment in response to automated copyright enforcement notices or speculative settlement invoices. Where claims originate from enforcement agencies or monitoring entities, we require:
- (a) Proof of direct authority from the original rights holder;
- (b) Chain of title documentation;
- (c) Evidence of exclusive rights and calculation methodology consistent with UK law. We do not recognise automated demand letters as proof of liability.
- 7. ENFORCEMENT & BAILIFF SAFEGUARD
- For the avoidance of doubt, no enforcement action (including High Court Enforcement Officers or bailiffs) may lawfully occur in England & Wales without a valid court judgment and proper service of proceedings in accordance with CPR rules. We reserve all procedural rights in relation to service and jurisdiction.
- 8. DMCA AGENT DESIGNATION (US EXPOSURE MITIGATION)
- Without accepting US jurisdiction generally, and solely to mitigate cross-border risk, notices should be sent to: Designated Copyright Agent Email: contact@gazetaromaneasca.co.uk Subject: “DMCA Notice – [Your Name/Company]” Postal Address: [Introdu aici adresa ta înregistrată din UK / Registered Business Address]
- 9. JURISDICTION PROTECTION
- Unless mandatory law requires otherwise, this policy and all matters relating to this website are governed by the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction. We do not submit to foreign jurisdiction by reason of the global accessibility of this website.
- Non-Admission of Liability Our taking down or disabling access to material is a precautionary step and does not constitute an admission of liability or wrongdoing. We expressly reserve all statutory and common law defences, including innocent infringement, fair dealing, and public interest defences.
- 5. Counter-Notices
- Where content was supplied by a user or third party, that party may submit a counter-notice explaining why they believe the material should not be removed (e.g., they own the rights or have a license). We may, at our discretion, restore access if the original complaint cannot be substantiated or if the parties resolve the matter.
- 6. User Obligations & Indemnity
- Users, contributors, and third-party content providers agree to indemnify, defend, and hold harmless Gazeta Românească, its owners, directors, and employees from against any claims, liabilities, damages, and legal costs arising out of content supplied by them. This indemnity survives the termination of access.
- 7. Anti-Abuse & Speculative Invoices
- Gazeta Românească enforces a Zero-Tolerance Policy regarding bad faith or abusive enforcement tactics. We reserve the right to reject or formally contest:
- Automated bulk enforcement claims (bots).
- Speculative settlement invoices.
- Claims unsupported by chain-of-title evidence.
- We do not recognize automated demand letters as proof of liability. We require proof of direct authority from the original rights holder and a calculation methodology consistent with UK law before engaging in any payment discussion.
- 8. Pre-Action Protocol & Jurisdiction
- Governing Law: This policy shall be governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Pre-Action Protocol Compliance Before commencing proceedings in the courts of England & Wales, claimants are strictly expected to comply with the Pre-Action Protocol under the Civil Procedure Rules (CPR). We require:
- A formal Letter of Claim.
- Clear evidence of ownership and quantification of damages.
- A response period of not less than 14 days.
- Enforcement Safeguard For the avoidance of doubt, no enforcement action (including High Court Enforcement Officers or bailiffs) may lawfully occur in England & Wales without a valid court judgment and proper service of proceedings in accordance with CPR rules.
- 9. Contact Information
- For all legal and copyright inquiries, please contact:
- Email: contact@gazetaromaneasca.co.uk
- SECTION: Third-Party Enforcement & Automated Claims
- Strict Proof of Authorization Gazeta Românească does not recognize speculative invoices or automated demand letters sent by third-party enforcement agencies, image protection software, or copyright recovery services unless they provide strict evidentiary proof.
- If you are an agent acting on behalf of a rights holder, strictly note that no claim will be processed or acknowledged without the submission of the following validated documentation:
- Letter of Authority: A current, signed, and dated authorization directly from the Copyright Holder explicitly naming your agency as their authorized legal representative for this specific matter.
- Chain of Title: Complete documentation proving the unbroken chain of ownership of the copyright in question.
- Proof of Original Work: High-resolution raw files (EXIF data) or original publication records proving the claimant’s ownership.
- Rejection of Speculative Invoicing We operate under a „Notice and Takedown” policy. We expressly reject unauthorized or inflated settlement demands that are:
- Generated by automated web-crawling bots.
- Based on „retroactive licensing” fees not agreed upon prior to use.
- Inconsistent with the actual market value of the image in a non-commercial/community news context.
- Sent without prior notification of infringement and a reasonable opportunity to remove the content („Grace Period”).
- Jurisdictional Compliance (UK) Any claim for monetary damages must follow the pre-action protocols of the UK Civil Procedure Rules (CPR). We do not accept jurisdiction or payment demands based solely on US or foreign statutory damages models where they contradict UK limitations on liability for innocent infringement or secondary publishing.
- Please be advised that:
- Status: Gazeta Românească operates as a non-profit/community-driven information platform. We rely on contributors and operate strictly under a „Notice and Takedown” policy.
- Action Taken: As a gesture of good faith, and without admitting any liability, the content in question has been immediately removed from our website pending verification of your claim.
- Rejection of Monetary Demand We dispute the monetary demand included in your correspondence. Under UK Copyright Law (Copyright, Designs and Patents Act 1988), liability for „innocent infringement” (where the user had no reason to believe the work was infringing) is significantly limited. Furthermore, we do not recognize speculative invoices generated by automated systems.
- Requirements for Further Communication Before we can engage further, you must provide the strict proofs outlined in our public Legal Policy, specifically:
- A signed Letter of Authority from the actual rights holder (photographer/agency) specifically authorizing you to collect on this specific URL.
- Evidence that the rights holder has suffered actual financial loss, rather than a speculative retroactive license fee.
- Until such proof is provided in accordance with UK Civil Procedure Rules, we consider this matter closed by the removal of the content.
- Any further automated emails or harassment will be reported to the relevant UK trading standards authorities.
- Yours faithfully,
- Legal Team Gazeta Românească