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Copyright Policy

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Last updated: October 20, 2021

 

Sparkze respects the intellectual property rights of others, and we expect you to do the same. Sparkze prohibits users of its Platforms from posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights, as described in this Copyright Policy and the Terms of Service and Community Guidelines.

Copyright

Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea (e.g., the specific way a video or music is expressed or created) but does not protect underlying ideas or facts.

Copyright Infringement

 

We prohibit any content on our Platform that infringes another’s copyright. The use of copyrighted content of others without proper authorization may lead to a violation of applicable law and Sparkze’s policies.

 

At the same time, not all unauthorized uses of copyrighted content constitute an infringement, as applicable laws may allow the use of copyrighted works under certain circumstances without authorization. These include the fair use doctrine in the United States.

 

Removal of Content; Suspension or Termination of Account

 

Any user content that infringes another person’s copyright may be removed or disabled. The account through which infringing content was posted may be suspended or terminated for multiple copyright violations in connection with the use of the Platform, or other violations of the Terms of Service and Community Guidelines. We also reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on any site or app operated or hosted by Sparkze.

 
Information for Rightsholders:

 

Copyright Infringement Notification

 

Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community.

 

You may also request the removal of the alleged infringing content from Sparkze.

 

Sparkze has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The address of the

 

Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is below:

Attn: EVP Legal Affairs

Re: Copyright Claim

8721 Santa Monica Blvd

Suite 454

West Hollywood CA 90069

Procedure for Reporting Copyright Infringement

 

If you believe that material or content residing on or accessible through the Platform infringes a copyright, please send a notice of copyright infringement containing the following information (and any other information required by applicable law) to the Designated Agent listed below;

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  • Identification of the works or materials being infringed;

  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Sparkze is capable of finding and verifying its existence;

  • Contact information about the notifier including address, telephone number and, if available, email address;

  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

All notices should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied. If you submit an r infringement notification to us, we may contact you if we have additional questions about your report or notification.

 

We may provide the alleged infringer with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint, and the alleged infringer may make a counter notification, also in accordance with the DMCA.

 

Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the DMCA.

 
Information for Users: Copyright Infringement Counter-Notification

 

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

Trademark

Generally speaking, a trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.

Trademark Infringement

 

Trademark laws prohibit trademark infringement, which is generally the unauthorized use of a trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of the associated goods and/or services.

 

At the same time, the use of another’s trademark for certain purposes (e.g., accurately referencing, lawfully commenting on, criticizing, or reviewing the trademark owner’s products or services), may be permitted under applicable law.

 
Removal of Content; Suspension or Termination of Account

 

Any content that may violate another’s trademark rights may be taken down. Repeat violations of trademark rights in connection with the use of the Platform, or other violations of the Terms of Service and Community Guidelines, may result in the suspension or termination of the user account. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on any site or app operated or hosted by Sparkze.

 
Trademark Complaint and Notification

 

Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also email us a Trademark Infringement Report.

 

All complaints should contain the information requested in the Trademark Infringement Report. Failure to include necessary information may limit our ability to deal with your claims and may result in your complaint being denied. We may provide the account holder with your contact information, including the email address and the name of the trademark owner, and/or details of the complaint, in accordance with our Terms of Services and Privacy Policy.

 
Trademark Infringement Response

 

If you receive a trademark infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the trademark owner directly to request a retraction.

General Note

As a Sparkze user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.