DMCA

The Limited Liability Company "MAOMBI RU" (the "Operator") respects the intellectual property rights of third parties and other rights protected by applicable law. If a rights holder or other authorised person discovers materials on the Operator's website at https://maombi.com (the "Site") whose placement infringes their rights, the Operator is committed to reviewing the corresponding notification promptly and taking measures in accordance with applicable law and this document.

This document sets out the procedure for sending notifications of infringement of rights to the Operator and the procedure for their consideration. The document has been prepared taking into account the provisions of Articles 15.2, 15.7 of Federal Law of the Russian Federation No. 149-FZ of 27 July 2006 "On Information, Information Technologies and Information Protection" and Article 1253.1 of the Civil Code of the Russian Federation, and is intended to also be usable, where applicable, for notifications under the Digital Millennium Copyright Act of 1998 (the "DMCA") of the United States and under Article 17 of Directive (EU) 2019/790 for notifications from rights holders in the European Union.

1. About the Operator

Full name: Limited Liability Company "MAOMBI RU"
Short name: LLC "MAOMBI RU"
Tax identification number (INN): 7703428642
Registered address: Russia, Moscow
Contact email for notifications: support@maombi.com
Designated agent for DMCA notifications: support@maombi.com (subject "DMCA Notice")

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, and acts as a hosting service provider within the meaning applicable laws of other jurisdictions, including:

Article 14 of Directive 2000/31/EC (E-Commerce Directive) and Article 6 of Regulation (EU) 2022/2065 (the Digital Services Act) — for the European Union;
17 U.S.C. § 512 (the safe harbour provisions of the DMCA) — for the United States.

The Operator does not create or place on the Site third-party materials, nor 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 (and the equivalent safe harbour provisions of foreign laws), the Operator is not liable for infringement of intellectual property rights that occurred as a result of the placement of materials on the Site by third parties, provided that the Operator has complied with the measures provided by law, including timely response to substantiated notifications of infringement of rights.

3. Who may send a notification

The following persons may send the Operator a notification of infringement of rights:

Rights holder — a person holding exclusive rights to the result of intellectual activity or a means of individualisation (work, computer program, trademark, trade name and other objects).
Authorised representative of the rights holder, acting on the basis of a power of attorney or other document confirming their authority.
Person whose other rights have been infringed by the placement of materials on the Site (for example, image rights, privacy rights, the right to protection of honour and dignity).

4. Content of the notification

A notification of infringement of rights must contain the following information, in accordance with Article 15.7 of Federal Law No. 149-FZ (and, where applicable, 17 U.S.C. § 512(c)(3) for DMCA notifications):

4.1. Information about the applicant

for a natural person — full name, identity document data (series and number, by whom and when issued), contact information (email address, telephone number);
for a legal entity — full name, location and address, tax identification number, state registration number, 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 are infringed

name of the object of intellectual property (work, computer program, trademark, etc.);
description of the object that allows it to be unambiguously identified;
information about the applicant's rights to the object (e.g. details of a trademark registration certificate, of a contract under which the applicant acquired the rights, etc.).

4.3. Information about the infringement

indication of the specific addresses (URLs) of pages on the Site where the material infringing the applicant's rights is placed;
description of the nature of the infringement (unauthorised use of a work, unlawful use of a trademark, etc.);
where possible — screenshots or other evidence of the infringement.

4.4. Statements of the applicant

a statement that the applicant has a good-faith belief that the use of the indicated material on the Site is carried out without the permission of the rights holder and in breach of the law;
a statement, under penalty of perjury under applicable law (in the case of DMCA notifications under 17 U.S.C. § 512(c)(3)(A)(vi) — under penalty of perjury under the laws of the United States), confirming the accuracy of the information provided in the notification and that the applicant is authorised to act on their own behalf or on behalf of the rights holder;
consent of the applicant to the processing of their personal data for the purposes of consideration of the notification.

4.5. Signature of the applicant

handwritten signature of the applicant (for notifications on paper);
electronic signature or other form of confirmation allowing the identification of the applicant (for electronic notifications).

5. Procedure for sending a notification

5.1. A notification of infringement of rights shall be sent to the Operator in one of the following ways:

by email to support@maombi.com with the subject line "Notice of Infringement" (or "DMCA Notice" for DMCA-specific notifications);

5.2. The notification shall, as necessary, be accompanied by documents confirming the information set out therein, including:

a copy of the identity document of the applicant (for individuals), or 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 other document confirming the authority of the representative.

5.3. Notifications that do not comply with the requirements of this document (including anonymous notifications, those not containing sufficient information to identify the applicant or the object of infringement, or those not enabling the fact of infringement to be established) may be left without consideration by the Operator, with notice of the reasons for refusal sent to the applicant.

6. Procedure for consideration of the notification by the Operator

6.1. The Operator considers received notifications of infringement of rights within a reasonable time, generally within 3 (three) business days from the receipt of a notification that meets the requirements of this document.

6.2. When considering the notification, the Operator:

verifies compliance of the notification with the requirements set out in this document;
evaluates the validity of the information set out in the notification;
where necessary, requests additional information or documents from the applicant;
where necessary, requests the position of the User who placed the corresponding material.

6.3. Based on the results of consideration of the notification, the Operator makes one of the following decisions:

remove the material in respect of which the notification was submitted, or restrict access to it;
refuse to remove the material if the information set out in the notification is insufficient, inaccurate or unfounded;
request additional information or documents from the applicant or from the User who placed the material.

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 Russian regulator Roskomnadzor issued under Article 15.2 of Federal Law No. 149-FZ, the Operator takes measures to remove or restrict access to the material specified in the demand within the deadlines established by the demand.

6.6. For notifications received under the DMCA, the Operator complies with the procedures set out in 17 U.S.C. § 512, including the safe harbour provisions for service providers acting in response to compliant notifications.

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 a knowingly false notification that has led to the unjustified removal of materials from the Site or other damage to the Operator or Users, the applicant may be held liable in accordance with applicable law, including for compensation of damages caused by such notification.

7.3. For false DMCA notifications, the applicant may be liable for damages under 17 U.S.C. § 512(f), including costs and attorneys' fees incurred by the alleged infringer or service provider.

8. Counter-notification from the User

8.1. A User whose material has been removed or to which access has been restricted on the basis of a notification of infringement of rights may send the Operator a counter-notification containing justification of the lawfulness of the placement of the corresponding material.

8.2. The counter-notification shall be sent to support@maombi.com with the subject line "Counter-notification of Infringement" (or "DMCA Counter-Notification") and shall contain:

information about the User (in the scope analogous to that indicated in Section 4.1 of this document);
indication of the removed material (URL of the page, description of the material);
justification of the lawfulness of the placement of the material, including references to documents confirming the User's relevant rights or other legal grounds for the placement;
a statement under penalty of perjury under applicable law (in the case of DMCA counter-notifications under 17 U.S.C. § 512(g)(3)(C) — under penalty of perjury under the laws of the United States) confirming the accuracy of the information provided.

8.3. The Operator considers the counter-notification within a reasonable time and makes a decision on the restoration of access to the material or on its retention in a removed state. The User is notified of the decision at the contact provided.

9. Specifics of notifications regarding software

9.1. The Site contains information about software of third parties (rights holders of that software). The Operator is not the developer and/or rights holder of the Software placed on the Site, unless otherwise expressly indicated on the Site.

9.2. If a rights holder of Software whose information is placed on the Site believes that such placement infringes their rights, they may send the Operator a notification in the manner provided in this document.

9.3. Upon substantiated notifications from rights holders of Software, the Operator promptly removes the information about the corresponding Software, including links to download installation files.

10. Use of trademarks and other means of individualisation

10.1. All trademarks, trade names, logos and other means of individualisation mentioned on the Site are the property of their respective rights holders.

10.2. 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.

10.3. The use of trademarks and other means of individualisation on the Site is carried out solely for informational purposes — for the identification of the corresponding Software — and does not imply the existence of any relations between the Operator and the rights holders.

10.4. Upon receipt of substantiated objections from rights holders regarding the use of their means of individualisation, the Operator is prepared to promptly review such objections in the manner provided in this document.

11. Personal data of the applicant

11.1. The personal data of the applicant set out in the notification is processed by the Operator solely for the purposes of consideration of the notification and execution of the actions provided in this document.

11.2. The processing of the personal data of the applicant is carried out in accordance with the Privacy Policy of the Operator, applicable Russian law (the Russian Personal Data Law), and, where applicable, the GDPR.

11.3. The legal basis for the processing of the applicant's personal data is the legitimate interest of the Operator (GDPR Art. 6(1)(f)) — namely, the consideration of and response to claims of rights infringement — and the legal obligations of the Operator (GDPR Art. 6(1)(c)).

12. Final provisions

12.1. This document is published on the Site at https://maombi.com/pages/dmca/ and is accessible for review to an undefined circle of persons.

12.2. The Operator may amend this document. The current version of the document is published on the Site.

12.3. For all matters related to notifications of infringement of rights, applicants and Users may contact the Operator at support@maombi.com.