Intellectual Property Policy

 

Intellectual Property Policy

Copyright

 

1. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.

Ambrose Alli University respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our instructors, students and other users of our website and services (the"Site") to do the same. Infringing activity will not be tolerated on or through the Site.

Ambrose Alli University intellectual property policy is to (a) remove material that Ambrose Alli University believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by "repeat infringers." Ambrose Alli University considers a "repeat infringer" to be any User that has uploaded Submitted Content to the Site and for whom Ambrose Alli University has received more than two takedown notices compliant with the provisions of Copyright Act, Chapter 68, Laws of the Federation of Nigeria 1990 with respect to such Submitted Content. Ambrose Alli University has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Ambrose Alli University own determination.

 

2. Procedure for Reporting Claimed Infringement.

If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following;

    -    A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

          -    Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

          -    Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ambrose Alli University to locate the material;

          -    Information reasonably sufficient to permit Ambrose Alli University to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

          -    A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

          -    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see Copyright Act, Chapter 68, Laws of the Federation of Nigeria 1990 to confirm your obligations to provide a valid notice of claimed infringement.

 

3. Designated Agent Contact Information.

Ambrose Alli University Designated Agent for notices of claimed infringement can be contacted at:

    -    Via E-mail: IPP@dexlearn.com

    -    Via Nigeria Mail: Ambrose Alli University , KM 70 Benin Auchi Road, PMB 14, EKpoma, Edo State, Nigeria

 

4. Counter Notification.

If you receive a notification from Ambrose Alli University that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Ambrose Alli University with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:

    -    A physical or electronic signature of the subscriber;

    -    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

    -    A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal High Court for the judicial division in which the address is located, or if the subscriber's address is outside of Nigeria, for any judicial division in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.

 

A party submitting a Counter Notification should consult a lawyer or Copyright Act, Chapter 68, Laws of the Federation of Nigeria 1990 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.

 

5. False Notifications of Claimed Infringement or Counter Notifications.

The Copyright Act provides that:

 

18. (1) Any person who- 

(a) makes or causes to be made for sale, hire, or for the purpose of trade or business any infringing copy of a work in which copyright subsists; or

(b) imports or causes to be imported into Nigeria more than two infringing copies of such work; or

 c) makes, causes to be made, or has in his possession, any plate, master tape, machine, equipment or contrivance for purpose of making any infringing copy of any such work; shall, unless he proves to the satisfaction of the court that he did not know and had no reason to believe that any such copy was not an infringing copy of any such work, or that such plate, master tape, machine, equipment or contrivance for purpose of making any infringing copy of any such work, be guilty of an offence under this Act and shall be liable on conviction to a fine of an amount not exceeding N1,000 for every copy dealt with in contravention of this section or to a term of imprisonment not exceeding five years, or to both such fine and imprisonment.

 

(2) Any person who-

(a) sells or lets hire or for purpose of trade or business, exposes or offers for sale, or hires any infringing copy of any work in which copyright subsists; or

(b) distributes for the purposes of trade or business any infringing copy of any such work; or

(c) has in his possession other than for his private or domestic use, any infringing copy of any such work,

 

shall, unless he proves to the satisfaction of the court that he did not know and had no reason to believe that any such copy was not an infringing copy of any such work, be guilty of an offence under this Act and shall be liable on conviction to a fine of an amount not exceeding N 1,000 for every copy dealt with in contravention of this section or to a term of imprisonment not exceeding two years or in the case of an individual to both such fine and imprisonment.

(3) Any person who, without the consent of the owner, distributes, in public for commercial purposes, copies of a work in which copyright subsists by virtue of sections 5(1)(a)(vi), 5(1)(c)(iv), 6(1)(b) or 7(1)(c) of this Act by way of rental, lease, hire, loan or similar arrangement, shall be guilty of an offence under this Act, and shall be liable upon conviction to a fine of N 100 for every copy dealt with or imprisonment for six months on or to both such fine and imprisonment.

 

(4) (1) The court before which any proceedings are taken for any offence under subsections (1), (2) and (3) of this section, whether the alleged offender is convicted or not, may order all copies of the works, plates, master tape, machine, equipment or contrivance in the possession of the alleged offender, which appear, to be infringing copies, of the works, to be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

 

(5) Where an article has been seized by a police officer or an authorised officer in connection with a suspected offence under this Act, a court may on the application of the Attorney-General of the Federation of owner of the copyright in connection with which such offence is suspected to have been committed, order that the article be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit, notwithstanding that no person has been charged with the suspected offence.

 

Ambrose Alli University reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at IPP@dexlearn.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Ambrose Alli University, the operation of the Site or any other matter should be sent to inquiries@dexlearn.com

Trademark

Procedure for submitting a Trademark Infringement Notice

The fastest and easiest way to submit a claim of trademark infringement to us is to send a notice containing the following information to the Designated Agent identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Your communication must include substantially the following:

    -    Your complete contact information (full name, mailing address and phone number).

    -    The specific word, symbol, etc. in which you claim trademark rights.

    -    The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.

    -    The country or jurisdiction in which you claim trademark rights.

    -    The category of goods and/or services for which you assert rights.

    -    Information reasonably sufficient to permit us to locate the material on Ambrose Alli University that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.

    -    A description of how you believe this content infringes your trademark.

    -    If you are not the rights holder, an explanation of your relationship to the rights holder.

    -    The following statement: "I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law"

    -    The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."

    -    Your electronic signature or physical signature.

 

Designated Agent Contact Information.

Ambrose Alli University Designated Agent for trademark infringement notices can be contacted at:

    -    ipp@dexlearn.com if done via email

    -    Ambrose Alli University, KM 70 Benin Auchi Road, PMB 14, EKpoma, Edo State