TOPDON Master Intellectual Property Protection Policy
General Terms
1. At TOPDON Master, we respect intellectual property right and we also expect our users to respect the intellectual property rights of others. It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) and other appliable laws and regulations.
2. In accordance with the DMCA and other applicable laws, TOPDON has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. TOPDON may also at its sole discretion limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
3. If an intellectual property right owner believes that your registered trademark, copyright or other intellectual property rights being used on the Master without your authorization, please download the complaint form, fill out the required information (* indicates a required field), and then send the completed form to support@topdon.com.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Your Content
1. The TOPDON Master may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Master by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
2. By submitting Your Content to the Master, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
3. You retain any ownership rights you have in Your Content, but you grant TOPDON the following license to use that Content:
4. Any ideas, suggestions, and feedback about TOPDON or our Services that you provide to us are entirely voluntary, and you agree that TOPDON may use such ideas, suggestions, and feedback without compensation or obligation to you.
5. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete, deem your content ineligible for monetization, or remove Your Content, at any time and for any reason, including for violating these Terms, our Content Policy, or our other terms and policies, or if you otherwise create or are likely to create liability for us.
Our Trademark Policy
Trademarks should not be used in any way that causes confusion about source of goods or sponsorship. If you infringe trademarks of others, Your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the trademarks or other intellectual property rights of others.
Recourse for Trademark Owners
If you are trademark owner who believes your trademark has been infringed on TOPDON Master, we provide a mechanism for you to notify us of your concerns. To help us respond appropriately, we ask you to provide us the following information:
1. Your full name and contact information, including address, phone number, and email contact2. Identification of the trademark and evidence of registration rights
3. Your relationship to the owner of the trademark rights
4. Reasonably identification for us (e.g., URL link) of the location on the TOPDON Master Platform where you believe infringement has occurred
5. A short description of why you believe the use in question infringes your trademark rights
6. Verification that all of the information in your report of infringement is accurate; that you have a good faith belief that the use of the intellectual property, described in the manner you have complained about, is not authorized by the rights owners, its agent, or the law; and that you are the owner, or authorized to act on behalf of the owner, of an exclusive intellectual property that allegedly is infringed
Our Copyright Policy
Discouragement of Copyright Infringement
We ask users of TOPDON Master to take care to avoid infringing copyrights of others. If you infringe copyrights of others, Your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.
Recourse for Copyright Owners: Reporting Complaints with a DMCA Notice
We also provide a mechanism for copyright owners, or those authorized to act on behalf of an owner of a copyright, to report infringing use of their content on the TOPDON Master Platform. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond expeditiously to claims of copyright infringement that are reported to our Copyright Agent. We provide you the requirements of a proper complaint below.
In order to provide us a DMCA complaint notice that complies with the DMCA's requirements (“DMCA Notice”), you should:
1. Provide your contact information, including your mailing address, telephone number, and, if available, an email address.2. Identify the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered in your DMCA Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
3. Provide information reasonably sufficient for us to locate each instance of allegedly infringing material that you are requesting to be removed or disabled. (For example, by providing each URL where the material may be found on the TOPDON Master Platform.)
4. Include the following statements in the body of the DMCA Notice:
I declare that I have a good faith belief that the disputed use of the copyrighted material or reference link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I declare that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
5. Include a physical or electronic signature (e.g. typing your printed name)
6. Deliver this DMCA Notice, with all items completed to the Designated Copyright Agent for TOPDON Master, at:
Attn: Copyright Agent
support@topdon.com
If There Is a Copyright Complaint Against You
If you receive a notice that a posting or portion of Your Content has been removed or suspended due to a copyright complaint, that means that we removed it at the request of a content owner. If you believe the material was removed in error, you have the option to file a DMCA counter-notification (the proper format for such counter-notice is defined below). When we receive a proper counter-notification, we will forward it to the party who originally complained about the alleged copyright violation. If we do not receive a notice from the original complainant within 10 business days, stating that the original complainant is seeking a court order to prevent further infringement of the content at issue, we will clear the complaint from your account’s record, and, at our discretion, we may replace the content that was removed.
How to File a DMCA Counter Notification
Please note that there are potentially seriously consequences for fraudulent or bad faith submissions of DMCA notifications or counter notifications. Such consequences may be imposed pursuant to the DMCA under Section 512(f). Before submitting a counter-notification, you should be sure that you are the actual rights holder of the content removed or that you have a good faith belief that content was erroneously removed. It is important to make sure that you understand the repercussions of submitting a false counter notification.
A proper counter notification should be sent to Topdon's Copyright Agent, as provided above, and it should contain the following:
1. Your name, address, and telephone number2. The URLs of the content that was removed or disabled by us (you can copy and paste the link provided in the notification email)
3. The following statements:
I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside the United States, for any judicial district in which TOPDON Inc. is located. I will accept service of process from the claimant of copyright of infringement.
I declare, under penalty of perjury, that I have a good faith belief that the content was removed as a result of a mistake or misidentification of the material to be removed or disabled.
4. Your physical or electronic signature (e.g., typing your full name)
