Intellectual Property Policy
This Intellectual Property Policy was last updated on 30 November 2017.
1. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
XZEN Technologies Inc. respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously. XZEN requests all Coaches, Students and other Users to do the same.
XZEN’s intellectual property policy is to: (a) remove material that XZEN believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through XZEN.TV (the “Site”), and (b) remove any Submitted Content posted to the Site by repeat infringers. XZEN considers a “repeat infringer” to be any Coach or User that has uploaded Submitted Content to the Site and for whom XZEN has received more than two take-down notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. XZEN has discretion, however, to terminate the account of any User after receipt of a single notification of valid claimed infringement or upon XZEN’s own determination.
2. Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through XZEN.TV has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to email@example.com. Your communication must include substantially the following;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works
- Identification of the specific 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 XZEN to locate the material
- Information reasonably sufficient to permit XZEN to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
3. Contact Information.
All copyright-related communications and notices of claimed infringement should be submitted to: firstname.lastname@example.org
4. Counter Notification.
If you receive a notification from XZEN that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide XZEN with a “Counter Notification.” To be effective, a Counter Notification must be in writing, through the email provided above, and include substantially the following information:
- A physical or electronic signature of the subscriber
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or miss-identification of the material to be removed or disabled
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
- A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
5. False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides that:
Any person who knowingly materially misrepresents under (Section 512 of the Copyright Act (17 U.S.C. 512)) (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or miss-identification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of (XZEN) relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. 512(f).
XZEN reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to email@example.com. Any other comments, compliments, complaints or suggestions about XZEN, the operation of the Site or any other matter should be sent to firstname.lastname@example.org
Procedure for submitting a Trademark Infringement Notice
Claims of trademark infringement should be sent to email@example.com Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Your communication must include substantially the following:
- Your complete contact information (full name, mailing address and phone number)
- The specific image, video, word, symbol or other on which you claim trademark rights
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable
- The country or jurisdiction in which you claim trademark rights
- The category of goods and/or services for which you assert rights
- Information reasonably sufficient to permit us to locate the material that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content
- A description of how you believe this content infringes your trademark
- If you are not the rights holder, an explanation of your relationship to the rights holder
- The following statement: “I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law”
The following statement: “The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.”
Your electronic signature or physical signature.
Designated Agent Contact Information.
Trademark infringement notices should be sent to: