Terms & Conditions
These are the terms and conditions for the subscription Membership of Trurify (“TRF”). Please read these Terms and Conditions carefully before you subscribe Membership from us as they tell you who we are and on what basis you are subscribing our membership.
TRF Membership (“Membership”) is open to all persons and/or organizations in Malaysia. Subscription of Membership shall subject the approval of TRF.
2. START AND DURATION OF MEMBERSHIP
Membership starts on the day that full subscription fees of the membership has been officially received in the account of the TRF; and all the required information are submitted.
Membership will last for One (1) calendar year period as indicated in the subscription by the member.
TRF will notify you via email one (1) month before your membership expires. You can choose to renew manually or just ignore the email.
3. MEMBERSHIP FEES
The subscription fees for the subscription of Membership fees shall be Three Thousand and Six Hundred Ringgit Malaysia (RM3600) per year. The subscription fees are not refundable and/or exchangeable, unless it is otherwise agreed in writing. It could be amended by TRF at any time, with or without prior notice.
The subscription fees for Membership shall be paid by credit card, bank transfer and any other method that available on TRF’s website.
High Risk User (as described in Article 4) with different subscription fees, for such subscription fees, you shall contact us and/or our attorney for more information.
4. HIGH RISK USER
Trurify remains its absolute and soles discretion right to classify Member to the high-risk user (“High Risk User”). Trurify would judge by its own standard for such classification. If the following are met, at Trurify’s sole discretion, Trurify shall classify Member as High-Risk User, with or without, notifying Member: -
The work or creation has already been established for some times; or
The work or creation has already been infringing by other party in market; or
The work or creation’s pirates’ products has already been spread into the market; or
Any other reason that imposed by Trurify that your work or creation is fall into High Risk User.
5. MEMBERSHIP PRIVILEGES
(A) Copyright Consultancy
In the event that you discover your creation/s or works has been copied by any party, you may need to gather the information and evidence designated by us. Thereafter, such information and evidence shall be forwarded to us in writing. Upon receipt of such information and evidence, we would follow up your case through phone calls or email, within reasonable time, and providing you the relevant information to know about the general procedure and action could be taken for copyright infringement case. For avoidance of doubt, such consultancy shall be limited to one (1) per subscription per year only. All the other available information and/or services shall subject to the price quoted by TRF.
In the event of necessary, we would provide some relevant information in connection with the procedure to handle copyright infringement case, such as sending letter of demand to the infringer. This is to ensure the infringer would officially be notified by you that he is infringing your creation and/or work. We would further assist in coordinating to address infringement issues, to ensure that the procedure could be carried out by you in accordance with our provided information. In the event that the said infringer does not acknowledge the infringement case and/or ignores it, we would assist to source some experienced solicitor to further advise such infringement case. Whether to bring infringement case to court and carry out the right action to protect the interests of the creator.
(B) Copyright Takedown
In the event that you found that your creation and/or work has been infringed/copied by any other party, you can notify us in writing. In our webpage, there would be a tab showing that “Report Infringement”. You must fill in all the ready column therein. Upon completion of such filling in, you shall click and submit such filled Report to us. THE INFORMATION OF INFRINGER SHALL BE OBTAINED BY YOU SOLELY. WE SHALL NOT BE LIABLE FOR THE WRONG INFORMATION SUBMITTED BY YOU TO US. YOU SHALL INDEMIFY AND HOLD US HARMLESS FROM AND AGAINST ANY LIABILITY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE LEGAL EXPENSES) WHICH MAY BE INCURRED BY US AS A RESULT OF OR IN CONNECTION WITH YOUR INFRINGMENT CASE AND/OR THE RELEASE OF THE LETTER OF DEMAND, OR ACTION HEREUNDER.
Upon your confirmation, we would release letter of demand in accordance with the grounds and reason provided by you, to the infringement party or platform and to instruct them to take down the creation and/or work, subject to the availability.
If TRF think, at our sole discretion, that there would be no case and/or the infringer is reluctant to remove the work or the creation, the case shall be deemed closed by us. In the event that the infringer does not responds to us or ignores us, we would further assist to liaise with external solicitor to analysis that whether to bring such infringement to court and any other appropriate action could be taken.
(C) Copyright Monitoring
We are using third-party network monitoring software [e.g. redpoints] for the record of your work and/or creation. We remain our absolute and sole discretion right, to the use and the selection of such network monitoring software without notifying you. By using such monitoring software, you acknowledge and agree to accept all the terms and conditions therein. All the applicable terms and conditions shall be remained valid and binding to you. In the event that such monitoring software detect that there is someone your work and creation, we would notify you within reasonable time. Thereafter, you may discuss with us proactively for the resolution of such infringement. The timeframe of such discussion shall be limited to one (1) hour only. Any other additional time would be needed shall subject to the charges that to be imposed by TRF.
Upon our verification to you, you may select the option that listed by us. Such as sending letter of demand to the infringer. The content of such letter might include the request to:-
the payment for loss and damages; or/and
remove such work and/or creation; or/and
publish an apology notice, and so on.
In the event that the said infringer does not respond the said infringement case or ignores it, we would further assist to recommend you experienced IP solicitor to advise on such infringement. You may decide whether to prosecute the infringing in court; or to carry out any other legal rights action to protect you. Such recommendation shall subject to the charges.
(D) Trurify Protection Logo
As Member, you may use “Trurify Protection Logo” on your work and/or creation to warn off potential copyright infringer, whether online or offline, it works as very effective copyright notices and deterrents helping to avoid copyright infringements in the first place. For avoidance of doubt, such Logo only could be used by Member exclusively. If we discover that non-Member using it, we will immediately instruct them to take it down.
Tips: You may also paste the “Trurify Protection Logo” on any of your works and/or creations, end products. For example, books, articles, videos and etc.
*ALL THE INFRINGEMENT CASES ABOVE SHALL SUBJECT TO THE REQUIRED ADDITIONAL ATTORNEY FEES ACCORDING TO THE COMPLEXITY OF THE CASE. ONCE YOUR INFRINGEMENT CASE IS JUDGED IN FAVOUR OF THE COURT, YOU MAY RECOVER ALL ATTORNEY FEES FROM THE INFRINGING PARTY.
6. END OF MEMBERSHIP
The Membership ends if the membership period has ended and if you do not renewed membership, and you will no longer enjoy Membership privileges.
In case Membership fees due are not paid, TRF has the right to terminate the Membership of the member involved.
If TRF thinks that any member deploys activities that may harm the interests of the TRF significantly, or any member acts in a way that in severe contradiction with TRF’s aims and nature, the TRF withholds its absolute right to end the Membership of the member involved.
Any member has the right to terminate his or her Membership before the formal end of the membership period. Termination has to be sent in writing to the TRF email and it does not constitute any right of TRF’s reimbursement of your Membership fees.
End of Membership, either at the end of the membership period or by intermediate termination does not constitute any right of TRF’s reimbursement of your Membership fees.