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Intellectual Property Policy

 

Last Updated: August 9, 2024

 

When you use our services and content, you represent yourself, and the person you represent agrees to abide by and be bound by this agreement and all applicable laws. If you do not agree to any provision of this agreement, you must stop using our service.

 

  1. About Copyright

 

Copyright is the right of the creator of an original work to prevent others from using that work, including reproducing, publicly displaying, distributing, or creating derivative works based on the work. Copyright can protect nearly any form of creative expression fixed in a tangible medium, including but not limited to architectural plans, cartoon characters, charts, diagrams, literary works, maps, paintings, photographs, posters, and musical scores.

 

We allow users to upload content to our platform to create their sales products, but users must take full responsibility for the materials they upload. This includes ensuring that you have all necessary licenses and rights to use the content, and that the content does not infringe on any third party's copyright, trademark, patent, or other intellectual property rights. PODpartner is not responsible for any damages arising from copyright infringement or the use of restricted images on our products. If a user uploads or uses material that infringes the intellectual property rights of others, once it is discovered or reported, we have the right to delete the material and refuse to produce any products that we believe may infringe the rights of others. For more information on copyright law, see the resources below. Please note that these resources are for reference only. If you have questions about any area of intellectual property law or the use of specific content, you should consult a lawyer.

 

  1. • U.S. Copyright Office – Copyright FAQ
  2. • Chilling Effects Clearinghouse – Copyright FAQ

 

  1. Filling a takedown notice

 

We comply with the US Digital Millennium Copyright Act (DMCA) , which provides for the removal of copyrighted materials. Therefore, if you believe that your design or other intellectual property has been illegally copied, you can submit a "takedown notice" to PODpartner. Before submitting a takedown notice, please carefully consider whether the fair use doctrine protects the copyrighted material. If you submit a false claim, you may be liable for attorney's fees and costs. If you are unsure whether someone's use of your copyrighted material constitutes infringement, please seek legal advice.

 

Before submitting a takedown notice, please carefully consider whether the fair use principle protects the copyrighted material. If you submit a false claim, you may be liable for attorney's fees and costs. If you are not sure whether someone's use of your copyrighted material constitutes an infringement, please seek legal advice. Please note that PODpartner cannot provide legal advice or representation, we recommend consulting with a licensed attorney in your jurisdiction.

 

Once you have confirmed that someone is using your content in a manner that infringes your rights, please send a takedown notice to service@podpartner.com that includes the following:

 

  1. 1. Identification of the original work and a statement of the exclusive rights that you believe are being infringed, with copies of the registration certificate and other documents (if available);
  2. 2. A link or other detailed description of the infringing content;
  3. 3. Your name, address, and email, indicating that you own the content or are authorized to act on behalf of the rights holder;
  4. 4. A statement, made under penalty of perjury, that:
    1. • The information in the notice is accurate;
    2. • You own the copyright or are authorized to act on behalf of the rights holder, and the owner has not previously authorized the use of the content;
  5. 5. An electronic or physical signature.

 

Upon receiving your takedown notice, we will notify the user responsible for uploading the content and provide them with an opportunity to respond. Please note that it may take up to 10 business days to process, review, and handle your request. We will promptly remove infringing content as required by applicable law and may terminate the accounts of repeat infringers or, in severe cases of third-party rights infringement, may decide to terminate the accounts of repeat infringers at our discretion.

 

  1. Filing a counter-notice

 

If your work has been reported by someone else in a takedown notice, but you believe it is a mistake (e.g., you can prove that you have the right to use the content), you can send an email to service@podpartner.com and include all of the following information to resolve the issue:

 

  1. 1. Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled;
  2. 2. A statement under penalty of perjury that you sincerely believe the content was removed or disabled due to a mistake or misidentification;
  3. 3. Your name, address, and email, indicating that you own the content or are authorized to act on behalf of the rights holder.
  4. 4. A statement that you consent to the jurisdiction of the Federal District Courts in the district where your address is located or, if outside the U.S., the judicial district where the service provider is located, and that you will accept service of process from the person who submitted the original notice or their agent;
  5. 5. Any other information supporting your claim of ownership or right to use the disputed content;
  6. 6. An electronic or physical signature.

 

Note: A fraudulent or malicious counter-notice can result in legal and financial consequences. Before filing a counter-notice, please ensure that you have a valid reason to believe that we removed your content in error, and that you are responsible for the potential consequences of making a false statement. If we receive your counter-notice, but it does not comply with applicable law or PODpartner policies, we may notify you that we are unable to restore content. We may also require you to provide additional information to determine if the content can be restored.

 

We will forward your counter-notice directly to the complainant, including your personal contact information. The complainant may then initiate legal action against you. If no legal action is taken by the complainant within 14 days, you may contact us to request the restoration of your content. If your content complies with our terms of service and other policies, we may restore it at that time. Repeated copyright complaints against your content may result in the permanent disabling of your account.

 

  1. Miscellaneous

 

  1. 1. PODpartner reserves the right to modify this Intellectual Property Policy from time to time, with the latest version always posted on our website. If we determine that a revision is significant, we will notify you. The "Last Updated" date at the top of this Intellectual Property Policy reflects the date of the last revision. Your continued use of the services after any modifications to this IPP indicates your acceptance of the revised policy. If you do not agree to the new terms, you should stop using the services.
  2. 2. If any provision of this policy is found to be invalid or unenforceable, that provision will be removed, and the remaining provisions will not be affected.
  3. 3. This policy constitutes the entire agreement between PODpartner and you regarding the subject matter hereof, superseding any and all prior oral or written understandings or agreements between PODpartner and you regarding access and use of the services, except as may be supplemented by additional terms and conditions, policies, guidelines, or standards.
  4. 4. In addition to copyright and trademark infringement, you should also avoid uploading any content to PODpartner that may infringe on personal rights of publicity. In many jurisdictions, you may not use another person's name, image, voice, likeness, signature, or other identifying marks without their consent.

 

Finally, we hope that the content submitted by users of PODpartner respects others and the law. Please carefully review your designs and understand the content you intend to upload. For any questions about this Intellectual Property Policy, please contact us at:

service@podpartner.com .

 

For more information, please visit the U.S. Copyright Office and the U.S. Patent and Trademark Office.