Intellectual Property Policy
Last updated: March 10, 2014
This Intellectual Property Policy is
incorporated into, and made a part of, the TikiTaki Studio LLC Terms of
Use (“Terms”) (available at https://www.stickythought.com/terms),
and capitalized terms used and not defined in this policy have the meaning
given to them in the Terms.
TikiTaki Studio LLC respects the intellectual
property of others, and we ask our users to do the same. TikiTaki Studio LLC
has no responsibility for content on other web sites that you may find
or access while using the StickyThought Service (as defined in the Terms).
Material available on or through other web sites may be protected by
copyright and the intellectual property laws of the United States and/or
intellectual property laws, and not the Terms, govern your use of that
All of the StickyThought Content, including any content, visual interfaces,
features, information, graphics, design, compilation, computer code,
software, products, and all other elements offered by TikiTaki Studio LLC through
the StickyThought Service is protected by copyright and other intellectual
property laws. The StickyThought Content is owned by TikiTaki Studio LLC and/or
its affiliates or other third parties. You may not reproduce, sell,
publish, distribute, modify, display, repost or otherwise use any portion
of the StickyThought Content in any other way or for any other purpose
without the written consent of TikiTaki Studio LLC.
All trademarks, service marks, and trade names used on websites owned
or operated by TikiTaki Studio LLC are proprietary to TikiTaki Studio LLC, its affiliates,
and/or third parties. No rights to in any trademark or service mark
are granted or implied, and all rights not expressly granted to you
are reserved by the respective rights holder.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
- General. TikiTaki Studio LLC
respects the rights of copyright owners and expects its users to do
the same. Therefore, as required by the Terms, infringing content
may not be submitted to the StickyThought Service or used in, whole or
in part, in any User Content.
- User Content.
It is TikiTaki Studio LLC’s policy that if a user uploads User Content that
contains any copyrighted work, then that user must be the owner of such
works or have all required rights, licenses, consents, and permissions
to use such works on the StickyThought Service and also grant the rights
to any third parties, including TikiTaki Studio LLC and any other users, contained
in these Terms. Violation of this requirement may be grounds for
removal of the User Content, termination of the user’s account, and
any other remedy TikiTaki Studio LLC may have against the user.
- Copyright Owner Rights.
If you are a copyright owner or an agent thereof, and you believe any
content submitted to and hosted on the StickyThought Service infringes
your copyrights, then you may submit a notification pursuant to the
Digital Millennium Copyright Act (“DMCA”) by providing TikiTaki Studio LLC’s
Designated Copyright Agent with the following information in writing:
(i) a physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
(ii) identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works
on the StickyThought Service are covered by a single notification, a representative
list of such works on the StickyThought Service;
(iii) identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit TikiTaki Studio LLC to locate
(iv) information reasonably sufficient
to permit TikiTaki Studio LLC to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which
the complaining party may be contacted;
(v) a statement that the complaining
party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or
the law (for example, “I am under the good faith belief that the use
of the copyrighted content that is identified herein is not authorized
by the copyright owner, its agent, or the law.”); and
(vi) a statement that the information
in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed (for example, “I swear,
under penalty of perjury, that the information in this notification
is accurate and that I am the copyright owner, or authorized to act
on behalf of the copyright owner, of the copyright(s) that is/are allegedly
infringed by the aforementioned content.”).
Please consult your legal counsel (or
see 17 U.S.C. § 512) to confirm these requirements and your compliance
therewith. It is TikiTaki Studio LLC’s policy to respond to notices of
alleged infringement that comply with the DMCA. In addition, TikiTaki Studio LLC
will promptly terminate without notice the accounts of Users that are
determined by TikiTaki Studio LLC to be “repeat infringers.” If TikiTaki Studio LLC
receives more than three takedown notices regarding a User’s User
Content, then that User will be considered a repeat infringer and their
account will be terminated.
- Designated Agent.
TikiTaki Studio LLC’s Designated Copyright Agent to receive notifications and
counter-notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent, TikiTaki Studio LLC, 301 Main St Unit 7A, San Francisco, California 94105 or by electronic mail at [email protected].
You acknowledge that if you fail
to comply with all of the requirements of this section, your DMCA notice
may not be valid. Please note that under Section 512(f) of the
DMCA, any person who knowingly materially misrepresents that material
or activity is infringing may be subject to liability.