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Takedown Policy


1. Background

At N3V, we recognise the importance of full legal compliance and the value of intellectual property rights.  We are a global business.  Our Takedown Policy outlines the commitment of N3V Games Pty Ltd (ACN 118 743 534) (“N3V” or “we”, “us” or “our”) to deal with any unlawful, inappropriate or infringing content on our website or in our games.

Our website includes the Trainz Forum that allows registered users to post comments and other content, and to respond to the comments and contents of other registered users.

Our Trainz computer programs include tools to create content.  We operate the Trainz Download Platform that allows users to share this created content.  Registered users who are part of the Trainz Content Creator Program (TCCP) can provide us with content that they have created, that we may decide to include in our games or make available to users of our games.  

This Takedown Policy applies to all such user generated content.  This Takedown Policy also applies to any other content in our products or services that you consider should be taken down.  In this policy, these types of content are referred to as “Content”.

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2. DMCA

If the Digital Millennium Copyright Act (DMCA) applies, then you may have unauthorised copies of Content removed from our products and services by submitting a copyright notification (takedown notice) to us.

Please do this by submitting your takedown notice using our customer support system located at support.trainzportal.com.

You may also submit a takedown notice to our Agent to Receive Notifications of Claimed Infringement at copyrightinfringements@n3vgames.com.

Please make sure that your takedown notice complies with the DMCA.  See guidance at https://www.copyright.gov/dmca-directory/ 

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3. Takedown Process

You may provide us with a takedown notice to have Content reviewed and, where appropriate, removed.

Your takedown notice must:

  • Identify the content that is the subject of the notice in detail so that we can identify the content

  • Where possible, provide a screenshot of the content

  • Identify where the content is located

  • Provide your name, country of residence, email and telephone number

  • Identify the grounds for removal.  Grounds may include, for example: (i) that the content is unlawful; (ii) infringement of your copyright; (iii) infringement of your trademark; (iv) infringement of another right that you have; (v) trade secret misappropriation; (vi) that the content is not in compliance with our Code of Conduct; or (vii) any other applicable legal ground.

  • Provide details and proof.  For example, if you are relying on a registered trademark, please provide the registration number and country of registration.

You must ensure that any takedown notice that you submit to us is true, not misleading, current and complete.

Once we receive a complete takedown notice, we will commence our investigation.  We may ask you for more information or proof.  We may ask the Content provider to provide a written response to your takedown notice.  You authorise us to disclose your takedown notice (including your identity and contact details) to third parties including the relevant Content provider.  We have no obligation under this Policy to provide you with the identity or contact details of the Content provider.  We may set timeframes for you to respond to us.

If you are a Content provider, you may be required to provide your response to a takedown notice.  You authorise us to disclose your responses (including your identity and contact details) to third parties including the person who submitted the takedown notice.  We have no obligation under this Policy to provide you with the identity or contact details of that person.  We may set timeframes for you to respond to us.

We will endeavour to reach our determination within 30 business days of receiving a complete takedown notice.  We will act reasonably when implementing this Policy.  We ask that you act reasonably too.

We do not tolerate submission of false or misleading takedown notices, computer generated takedown notices, or bulk/spam takedown notices.  

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4. Takedown Process Outcomes

Possible outcomes of a takedown process under this Policy include:

  • Permanent or temporary removal of some or all of the Content

  • Terminating a person’s Account with us

  • Removal of Content in specific jurisdictions

  • Alteration of Content

  • Carrying out further investigations

  • Referring the matter to law enforcement or lawyers

We do not have to provide you or anyone else with our reasons for our decision, but we may do so.

We may remove Content for other reasons, for example, for reasons not set out in the takedown notice.

This Policy does not limit our rights under any agreement we may have with a relevant person including you or a Content provider.

If you submit a takedown notice under this Policy, you agree to comply with the parts of this Policy that apply to you.

 

5. Contacting Us

N3V Games Pty Limited

Please contact us via our customer support system located at support.trainzportal.com.

Postal address: PO Box 644, Helensvale, QLD 4212, Australia

This policy was last updated on 12 January 2024.

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