ZAPZEE Copyright Policy and DMCA Compliance
1. Statement of Corporate Values
We at ODK Media, the operator of ZAPZEE website and applications, recognize and respect intellectual property rights and are committed to fulfilling our moral and legal obligations with respect to our use of copyright-protected works.
ZAPZEE abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by ZAPZEE (such as zapzee.net) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
ZAPZEE does not control content hosted on third-party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with ZAPZEE’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
2. Embedded Content and Linking
ZAPZEE may display or embed images and other content hosted by third parties using direct URL linking methods, commonly known as embedding or hotlinking. These items are not hosted on ZAPZEE’s servers and remain under the control of the original content host.
In accordance with the ruling in Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007), embedding an image via URL that is hosted on a third-party server does not constitute direct copyright infringement under U.S. law. However, under certain conditions, contributory or vicarious liability may arise if such use facilitates unauthorized public display or distribution of protected content.
If you are a rights holder and believe that embedded content on our platform constitutes copyright infringement, you may still file a valid DMCA notice with us (see below), and we will respond accordingly under our DMCA policy.
2.1 No Control Over Third-Party Hosted Content
ZAPZEE does not host or store embedded content, such as images or videos, that are linked directly from third-party servers. Such content remains the responsibility of the third-party provider or hosting platform. ZAPZEE exercises no control over the availability, accuracy, legality, or content of externally hosted media and does not endorse, authorize, or assume liability for any such material.
2.2 No Infringement Intent
ZAPZEE’s use of embedded links is intended solely for lawful editorial and informational purposes. We do not claim ownership or rights to any embedded content unless explicitly stated. The use of embedded content is based on the publicly accessible nature of such content and is not an assertion of any rights over it.
2.3 Indemnification and User Responsibility
Users who contribute content containing embedded links are solely responsible for ensuring that such content does not infringe on third-party rights. By submitting embedded links, users represent and warrant that they have the right to use and share the content. ZAPZEE disclaims any liability arising from such user-submitted content and reserves the right to remove any embedded content that is subject to a valid legal complaint.
2.4 Takedown Requests for Embedded Content
If you are the rights holder of content that is embedded on ZAPZEE via a third-party URL and believe the embedding constitutes unauthorized use, you may submit a takedown request as outlined in Section 3. Upon verification, ZAPZEE will disable the embedding or otherwise restrict access in accordance with the DMCA and relevant laws, even if the content is not hosted on our servers.
Limitation of Liability for Embedded Media
ZAPZEE provides access to embedded media on an “as-is” and “as-available” basis. ZAPZEE makes no warranties, express or implied, as to the legality or reliability of any externally hosted content linked on our platform. Under no circumstances shall ZAPZEE, its parent company, affiliates, directors, or employees be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the display of embedded third-party media.
Compliance Reminder for Commercial Use
ZAPZEE is a for-profit news website and acknowledges that the commercial nature of its operations imposes a higher duty of care when using embedded media. ZAPZEE will act promptly on valid DMCA notices even for embedded content and will ensure editorial staff are trained in copyright compliance and source verification. Embedding is only performed from sources that are reasonably believed to be authorized for public redistribution.
3. Notice of Infringing Material
To file a notice of infringing material on a site owned or controlled by ZAPZEE (such as zapzee.net), please send us a written DMCA copyright notice containing the following:
– Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, any registration or tracking number, URL).
– Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material).
– Your contact information so that we can reach you (e.g., address, telephone number, email address).
– A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
– A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.
– Your physical or electronic signature.
We may remove or restrict access to any infringing content. If we take such action, we will make efforts to notify the uploader and provide them the opportunity to submit a counter-notification.
4. Counter-Notification
If material you have posted has been removed or disabled, you may submit a counter-notification containing:
– Identification of the material removed or access-disabled and the location before removal.
– A statement, under penalty of perjury, that the material was removed due to mistake or misidentification.
– Your name, address, and telephone number.
– A statement consenting to the jurisdiction of the Federal District Court in your district, or if outside the U.S., any district in which ZAPZEE may be found, and agreeing to accept service of process.
– Your physical or electronic signature.
Send your counter-notification to the contact below. If the original complainant does not notify us of legal action within 10 business days, we may restore the content.
5. Contact Us
DMCA Agent of ZAPZEE
221 N. Harbor Blvd. Suite E
Fullerton, CA 92832
Email: [email protected]
6. Internal Copyright Compliance Policy
As a matter of integrity and compliance, ZAPZEE sets forth the following rules for its employees:
– No employee may reproduce any copyrighted work in print, video, or digital format in violation of the law.
– Copyrighted works include print publications, digital articles, videos, TV shows, music, software, websites, and more, even if not registered or marked with ©.
– ZAPZEE holds an Annual Copyright License and Motion Picture License (MPL) from the Copyright Clearance Center (CCC), which permits certain internal uses.
Permitted uses under CCC include:
– Internal sharing of excerpts from licensed content.
– Limited distribution to clients upon request.
– Use of motion picture content for training or internal meetings from authorized sources.
Employees seeking rights outside the scope of existing licenses must contact the copyright holder or request permission via www.copyright.com.