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Copyright and Intellectual Property Policy

Contents

1 Introduction

1.1 Purpose of the Policy

1.2 Scope of Applicability

2 Copyright Ownership

2.1 Original Content Created by DigiZauber

2.2 User-Generated Content

2.3 Use of Third-Party Copyrighted Materials

3 Intellectual Property Rights

3.1 Trademarks and Service Marks

3.2 Patents and Inventions

3.3 Trade Secrets and Confidential Information

4 Use of DigiZauber's Content

4.1 Permissions for Use

4.2 Prohibited Uses

4.3 Fair Use Policy

5 User-Generated Content Policy

5.1 User Responsibilities

5.2 Rights Granted to DigiZauber

5.3 Moderation and Removal of Content

6 Reporting Infringements

6.1 Procedure for Reporting Copyright Infringement

6.2 DigiZauber's Response to Infringement Claims

7 License and Distribution

7.1 Licensing of DigiZauber's Intellectual Property

7.2 Distribution Agreements and Partnerships

8 Policy Amendments and Updates

8.1 Notification of Changes

8.2 Effective Date of the Current Policy

9 Contact Information

9.1 How to Contact Us for Intellectual Property Matters

9.2 Customer Service Contact Details

 

 

1           Introduction

1.1          Purpose of the Policy

  1. Establishing Intellectual Property Protocols:

-          This policy is established to clarify the rules and guidelines regarding the use, protection, and management of intellectual property owned by or associated with DigiZauber. It serves to ensure respect and compliance with intellectual property laws and to protect the interests of DigiZauber, its partners, and users.

  1. Promoting Creativity and Innovation:

-          DigiZauber values creativity and innovation. This policy supports these values by protecting the rights of creators and innovators and providing a framework for the lawful use of intellectual property.

  1. Educating Stakeholders:

-          The policy aims to educate all stakeholders, including employees, partners, and users, about their rights and responsibilities concerning copyright and intellectual property. This ensures a mutual understanding and respect for intellectual property rights.

1.2          Scope of Applicability

  1. All Forms of Intellectual Property:

-          This policy applies to all forms of intellectual property associated with DigiZauber, including but not limited to, written content, graphics, logos, software, trademarks, patents, and trade secrets.

  1. Applicable to Various Stakeholders:

-          The policy is applicable to all employees, contractors, partners, affiliates, and users of the DigiZauber platform. It governs the creation, use, and distribution of intellectual property in relation to DigiZauber's services.

  1. Global Application:

-          Given the international reach of DigiZauber, this policy takes into consideration global intellectual property laws and standards. While it is grounded in the jurisdiction in which DigiZauber operates, it also respects international intellectual property norms and practices.

  1. Dynamic and Evolving Policy:

-          The policy is subject to ongoing review and modification to adapt to new challenges and changes in intellectual property law and digital technology. This ensures that DigiZauber remains compliant and up to date with current legal standards and practices.

2           Copyright Ownership

2.1          Original Content Created by DigiZauber

  1. Rights to Original Content:

-          All content created, produced, or published by DigiZauber, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the exclusive property of DigiZauber and is protected under local and international copyright laws.

  1. Protection of Creative Work:

-          DigiZauber holds all rights, title, and interest in its original content. Unauthorized use, reproduction, modification, distribution, or storage of any material from DigiZauber’s website, without explicit written consent from DigiZauber, is strictly prohibited.

  1. Licensing Agreements:

-          In cases where DigiZauber chooses to license its content, such licensing will be explicitly stated through formal agreements which will dictate the terms of use, distribution, and rights of the licensee.

2.2          User-Generated Content

  1. User Content Ownership:

-          Content created and uploaded by users to DigiZauber’s platform remains the intellectual property of the respective users. However, by posting content on DigiZauber’s platform, users grant DigiZauber a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such content.

  1. Responsibility for User Content:

-          Users are solely responsible for their content submissions, including ensuring they have all necessary rights and permissions. Users must ensure that their content does not infringe upon the rights of any third party or violate any laws.

  1. Moderation and Removal Rights:

-          DigiZauber reserves the right to monitor, edit, or remove any content that is available on its platform if the content is found to be in violation of this policy, any laws, or the rights of others.

2.3          Use of Third-Party Copyrighted Materials

  1. Respect for Third-Party Rights:

-          DigiZauber respects the intellectual property rights of others and expects its users to do the same. Use of copyrighted material without permission of the copyright owner, unless it falls under fair use, is prohibited.

  1. Procedures for Use of Third-Party Content:

-          When using third-party copyrighted material, DigiZauber ensures compliance through licenses, fair use provisions, or explicit permission from the copyright owner. This includes materials used in marketing, on the website, or in any products and services.

  1. Addressing Infringements:

-          DigiZauber takes claims of copyright infringement seriously and will respond promptly to notices of alleged infringement, following a defined procedure for addressing such claims, which may include removal of the infringing material.

 

3           Intellectual Property Rights

3.1          Trademarks and Service Marks

  1. Ownership of Trademarks:

-          Trademarks, service marks, and logos used and displayed on DigiZauber’s platform, including the DigiZauber name and logo, are registered and unregistered trademarks or service marks of DigiZauber. These marks may not be used in connection with any product or service that is not DigiZauber’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DigiZauber.

  1. Prohibition of Unauthorized Use:

-          Unauthorized use of DigiZauber’s trademarks and service marks is strictly prohibited. This includes but is not limited to, use as domain names, social media profile names, or any other online presence without express written permission from DigiZauber.

  1. Trademark Licensing:

-          If a third party is interested in licensing DigiZauber’s trademarks or service marks, they must obtain written consent from DigiZauber. The terms and conditions of such licensing agreements will be defined in a separate legal agreement.

3.2          Patents and Inventions

  1. Patented Technologies:

-          DigiZauber may own patents and patent applications related to the innovations and technologies developed as part of its services. These patents protect the unique features and processes that distinguish DigiZauber’s offerings and provide a competitive advantage.

  1. Respect for Patent Rights:

-          DigiZauber respects the patent rights of others and expects the same from its users, partners, and affiliates. Any infringement of patent rights will be dealt with seriously and may result in legal action.

  1. Disclosure of Inventions:

-          Employees and partners of DigiZauber who are involved in the creation of potentially patentable inventions are required to disclose these inventions to DigiZauber. DigiZauber will evaluate and decide on the pursuit of patent protection.

3.3          Trade Secrets and Confidential Information

  1. Protection of Trade Secrets:

-          DigiZauber owns and maintains various trade secrets, which include non-public business information, strategies, formulas, compilations, programs, devices, methods, techniques, or processes. Unauthorized use or disclosure of such trade secrets is prohibited and may result in legal action.

  1. Confidentiality Agreements:

-          Employees, contractors, and business partners may be required to sign confidentiality agreements to protect DigiZauber’s trade secrets and confidential information.

  1. Handling Sensitive Information:

-          DigiZauber implements appropriate security measures to safeguard its trade secrets and confidential information from unauthorized access or disclosure. This includes both physical and electronic security protocols.

4           Use of DigiZauber's Content

4.1          Permissions for Use

  1. General Permissions:

-          DigiZauber grants users a limited, non-exclusive, non-transferable, and revocable license to access and use the content on its platform for personal, non-commercial purposes. This includes viewing, downloading, and printing content for personal use.

  1. Educational and Research Use:

-          For educational and research purposes, DigiZauber may allow broader use of its content. This, however, requires prior written consent and may be subject to specific terms and conditions set forth by DigiZauber.

  1. Request for Permission:

-          Users seeking to use DigiZauber’s content for purposes beyond personal use must obtain express written permission. Requests can be directed to DigiZauber’s legal department, detailing the intended use and scope.

4.2          Prohibited Uses

  1. Commercial Exploitation:

-          Users are strictly prohibited from using DigiZauber’s content for commercial purposes, including resale, lease, or distribution, without obtaining a license or express written consent from DigiZauber.

  1. Alteration and Modification:

-          Modifying, altering, or creating derivative works based on DigiZauber’s content without explicit permission is prohibited. This includes translating, decompiling, or reverse-engineering any software or content.

  1. Infringement of Intellectual Property Rights:

-          Any use of DigiZauber’s content that infringes upon the intellectual property rights of DigiZauber or others, or violates any applicable laws, is strictly forbidden.

4.3          Fair Use Policy

  1. Acknowledging Fair Use Principles:

-          DigiZauber recognizes the principles of fair use, which allow limited use of copyrighted material without requiring permission from the rights holders, particularly for purposes such as news reporting, teaching, scholarship, and research.

  1. Determining Fair Use:

-          Whether a particular use qualifies as fair use depends on factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market value of the copyrighted work.

  1. Guidelines for Fair Use:

-          DigiZauber provides guidelines for users to help determine when their use of DigiZauber’s content may fall within the bounds of fair use. However, users are advised to seek legal counsel if uncertain about the applicability of fair use in their specific case.

  1. Respecting Fair Use Rights:

-          While DigiZauber respects the fair use rights of users, it reserves the right to challenge any use of its content that it believes exceeds the bounds of fair use or infringes upon its intellectual property rights.

5           User-Generated Content Policy

5.1          User Responsibilities

  1. Ownership and Rights:

-          Users are responsible for ensuring that they own or have the necessary rights to any content they submit to DigiZauber’s platform. This includes text, images, videos, and any other types of media.

  1. Compliance with Laws:

-          All user-generated content must comply with applicable laws and regulations. Users must not upload, post, or otherwise transmit content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or otherwise injurious or objectionable.

  1. Accuracy and Honesty:

-          Users should endeavor to provide accurate and honest content. Misleading or false information is strictly prohibited.

  1. Respect for Others:

-          Content must not violate the rights of others, including privacy and intellectual property rights, nor should it insult, defame, or harass individuals or groups.

5.2          Rights Granted to DigiZauber

  1. License to Use:

-          By posting content on DigiZauber’s platform, users grant DigiZauber a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

  1. Promotional Use:

-          DigiZauber may use user-generated content for promotional purposes. By submitting content, users agree that DigiZauber has the right to use their content to promote its services.

  1. No Obligation to Use:

-          DigiZauber is under no obligation to use, publish, or maintain any user-generated content and can remove or edit such content at its discretion.

5.3          Moderation and Removal of Content

  1. Content Moderation:

-          DigiZauber reserves the right to monitor, review, edit, or delete any user-generated content to ensure compliance with this policy and the overall terms and conditions of the DigiZauber platform.

  1. Removal of Infringing or Offensive Content:

-          Content that is found to be infringing, offensive, or otherwise in violation of this policy may be removed without notice. DigiZauber will take appropriate action, which may include banning users who repeatedly infringe or violate these guidelines.

  1. User Notification:

-          In cases where content is removed or edited, DigiZauber will make reasonable efforts to notify the user, explain the reason for the action, and provide guidance on acceptable content standards.

  1. User Appeals:

-          Users may contact DigiZauber to appeal decisions related to the moderation and removal of content. DigiZauber will review appeals on a case-by-case basis.

6           Reporting Infringements

6.1          Procedure for Reporting Copyright Infringement

  1. Contacting DigiZauber:

-          Individuals who believe that their copyright has been infringed upon by DigiZauber’s platform can file a complaint by contacting DigiZauber’s legal department. The contact information is provided on the DigiZauber website.

  1. Information Required:

-          The complainant must provide detailed information, including their contact details, a description of the copyrighted work that they claim has been infringed, and the specific location of the alleged infringing material on DigiZauber’s platform.

  1. Signed Statement:

-          The complainant must include a statement that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. The statement must be signed, indicating the complainant’s acknowledgement that the information provided is accurate, and under penalty of perjury, that they are authorized to act on behalf of the copyright owner.

  1. Process for Handling Complaints:

-          Upon receiving a complaint, DigiZauber will review the claim and take appropriate action, which may include removing or disabling access to the alleged infringing material.

6.2          DigiZauber's Response to Infringement Claims

  1. Prompt Response:

-          DigiZauber is committed to responding promptly to claims of copyright infringement and will take action as necessary, in accordance with copyright law and the company’s policies.

  1. Notification to Affected Users:

-          If content is removed due to an infringement claim, DigiZauber will make a reasonable effort to notify the user who posted the material, informing them of the infringement claim and the action taken.

  1. Counter-Notification:

-          Users affected by the removal of content can submit a counter-notification if they believe that the content was removed erroneously. The counter-notification must include the user's contact information, a description of the removed content, the location where the content previously appeared, and a signed statement under penalty of perjury that the user believes the content was removed by mistake or misidentification.

  1. Resolution and Reinstatement:

-          Upon receiving a valid counter-notification, DigiZauber will promptly forward it to the complaining party. If the complainant does not notify DigiZauber within a stipulated time frame that they have filed an action seeking a court order against the content provider, the removed content may be reinstated.

7           License and Distribution

7.1          Licensing of DigiZauber's Intellectual Property

  1. Licensing Opportunities:

-          DigiZauber may offer licenses for its intellectual property, including software, content, and branded materials, for specific uses by third parties. These licenses are formalized through licensing agreements specifying terms and conditions, including scope of use, duration, and any financial arrangements.

  1. Customized Licensing Terms:

-          Licensing terms are tailored to the nature of the intellectual property and the intended use by the licensee. DigiZauber ensures that these terms protect its intellectual property rights while accommodating the business needs of the licensee.

  1. Intellectual Property Control:

-          DigiZauber retains control over how its intellectual property is used by licensees. This includes the right to approve or disapprove of how its intellectual property is represented or modified in the licensee's products or services.

  1. Compliance Monitoring:

-          DigiZauber actively monitors the use of its licensed intellectual property to ensure compliance with licensing terms. Violations of licensing agreements may result in revocation of the license and potential legal action.

7.2          Distribution Agreements and Partnerships

  1. Strategic Partnerships:

-          DigiZauber may enter into distribution agreements or partnerships with other companies to expand the reach and impact of its products and services. These agreements are carefully structured to align with DigiZauber's strategic goals and intellectual property policies.

  1. Distribution Rights:

-          Distribution agreements typically grant partners the right to distribute DigiZauber’s products or services, often in specific geographical areas or market segments. These agreements outline the terms of distribution, including marketing, sales targets, and revenue sharing.

  1. Protection of Brand and Reputation:

-          In all distribution agreements and partnerships, DigiZauber emphasizes the importance of maintaining the integrity of its brand and reputation. Partners are expected to uphold DigiZauber's standards of quality and service.

  1. Review and Approval Processes:

-          DigiZauber establishes clear processes for reviewing and approving marketing materials, sales strategies, and other key aspects of the distribution partnership to ensure consistency with its brand and intellectual property policies.

8           Policy Amendments and Updates

8.1          Notification of Changes

  1. Regular Review and Updates:

-          DigiZauber is committed to regularly reviewing and updating its Copyright and Intellectual Property Policy to ensure compliance with current laws, industry standards, and business practices. This process helps maintain the policy's relevance and effectiveness.

  1. Communication of Changes:

-          Any amendments, updates, or changes to the policy will be communicated to all stakeholders, including employees, partners, and users, through appropriate channels. This may include email notifications, announcements on the DigiZauber platform, or other means of communication deemed effective.

  1. Transparency in Updates:

-          When changes are made to the policy, DigiZauber will provide clear and concise information regarding the nature of the changes, the reasons behind them, and their potential impact on stakeholders.

  1. Opportunity for Feedback:

-          Prior to implementing significant changes, DigiZauber may provide a period during which stakeholders can review and provide feedback on proposed amendments. This fosters transparency and inclusivity in policy development.

8.2          Effective Date of the Current Policy

  1. Effective Date Notification:

-          The effective date of each version of the policy will be clearly stated at the beginning or end of the document. This ensures that users are aware of which version of the policy is currently in effect.

  1. Accessibility of Policy Versions:

-          DigiZauber maintains an archive of previous versions of the policy. Stakeholders can access these versions upon request for reference and comparison.

  1. Immediate Effect for Urgent Changes:

-          In cases where changes are made for legal compliance or to address urgent security concerns, the updated policy may take effect immediately. Stakeholders will be informed promptly in such instances.

  1. Grace Period for Adjustments:

-          For less critical updates, DigiZauber may provide a grace period before the new policy takes effect, allowing stakeholders time to understand and adapt to the changes.

9           Contact Information

9.1          How to Contact Us for Intellectual Property Matters

  1. Dedicated Contact Channel:

-          DigiZauber has established a dedicated contact channel for inquiries and issues related to intellectual property matters. This can include questions about licensing, reporting infringements, or seeking permissions.

  1. Email Communication:

-          Stakeholders can reach out to DigiZauber’s intellectual property department via a designated email address, provided on the DigiZauber website and policy documents. This email address is monitored regularly to ensure prompt responses.

  1. Contact Form on Website:

-          For ease of access, DigiZauber also provides a contact form specifically for intellectual property inquiries on its website. This form guides users through submitting their questions or concerns, ensuring they provide all necessary information.

  1. Legal Department Contact:

-          For formal legal communications or notifications, contact details of DigiZauber’s legal department, including mailing address and fax number, are made available.

9.2          Customer Service Contact Details

  1. Customer Service Team:

-          DigiZauber's customer service team is available to assist with general inquiries related to DigiZauber’s products, services, and content. Contact details, including phone numbers and email addresses, are prominently displayed on the website.

  1. Hours of Operation:

-          The operating hours for customer service are clearly stated, allowing users to know the best times to reach out for assistance.

  1. Multi-Lingual Support:

-          Recognizing the diverse nature of its user base, DigiZauber offers customer service in multiple languages. This ensures effective communication and support for all users, regardless of their location or language.

  1. Feedback and Suggestions:

-          Users are encouraged to provide feedback or suggestions regarding DigiZauber’s intellectual property practices. This feedback can be directed to the customer service team, who will ensure it reaches the relevant department.

 

Last Updated: December 25, 2023