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. 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 (see below for contact information) containing the following details:
- 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 (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
- Your physical or electronic signature.
We can decide to remove or restrict access to any infringing content. If We decide to remove or restrict access to content in response to a DMCA copyright notice, We’ll make efforts to contact the person who has posted, uploaded, or submitted the content at issue
If material that you have posted to a site controlled or operated by Zapzee (such as zapzee.net) has been taken down, you may file a counter-notification that contains the following details:
- 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 disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Creative Commons may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
- Your physical or electronic signature.
Such written DMCA counter notice should be sent to the Designated DMCA Agent contact as listed below.
We may forward the information provided in the counter notice to the person who submitted the DMCA copyright notice. If We do not receive notice within 10 business days that the original person is seeking a court order to prevent further infringement of the material at issue, We may replace or cease disabling access to the material that was removed.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid
4. Contact us
You can contact our DMCA Agent or send an email directly to firstname.lastname@example.org. You can also mail a copyright notice to the following address:
DMCA Agent of Zapzee
221 N. Harbor Blvd. Suite E,
Fullerton, CA 92832
As a matter of moral integrity and adherence to copyright law, Zapzee sets forth these policies for all employees:
- No employee of Zapzee may reproduce any copyrighted work in print, video or digital form in violation of the law. Works are considered protected even if they are not registered with the U.S. Copyright Office or any registering agency outside the U.S. and even if they do not carry the copyright symbol (©). Copyrighted works include, but are not limited to: printed articles from publications, electronic articles in online publications, online videos, movies, TV and radio programs, recorded music performances, images, training materials, manuals, documentation, software programs, databases, websites and blogs. In general, the laws that apply to printed materials also apply to visual and digital formats such as websites, streaming media, music downloads, mobile apps, CDs and DVDs.
- Zapzee holds an Annual Copyright License [and Multinational Copyright License] from Copyright Clearance Center (CCC), which enables employees of Zapzee [inside and outside] the United States to lawfully reproduce and distribute content, in print or electronic format, as needed within the company. Under the license Zapzee employees can copy and internally distribute excerpts from newspapers, magazines, journals and other copyright-protected works licensed by Copyright Clearance Center, as often as needed, provided that the license may not be used as a replacement for subscriptions or primary purchases of the published materials. Employees can also e-mail articles of interest to other employees, share articles by posting them on our company intranet sites, store articles in shared folders, and scan content when a digital original is not available. The license also authorizes employees to provide a single print or electronic copy to a client or prospect upon his or her direct request for further information relating to Zapzee’s products or services, and to submit copies to government agencies as required to support regulatory submissions. Please note that the license applies only to the works in CCC’s online catalog and that, except for the limited external uses described above, the rights provided are for internal use at Zapzee only. Zapzee holds a Motion Picture License (“MPL”) from Copyright Clearance Center, which enables employees of Zapzee in the United States to show copyright-protected videos, movies and TV shows (“Videos”) for the purpose of employee training, internal sales presentations and company meetings, as needed within the company. Under the license, employees may show Videos by the listed theatrical distributors and producers from ANY legally obtained source, including DVDs purchased at retail, videos downloaded from iTunes or videos streamed from websites like hulu.com™ and Netflix™ that are authorized outlets of motion picture content and TV shows. To verify if a Video is covered under the MPL, simply determine who the distributor of the Video is and look it up in the distributors and producers list available at copyright.com/mplicense.
- To obtain permission to reproduce copyrighted works outside of Zapzee and/or to use such works in ways that are not covered by our license or other prior agreements, employees should request permissions online at www.copyright.com or contact the Rights and Licensing Department of the copyright holder. Questions on specific procedures should be directed to the [Title], who serves as our copyright officer.
- Zapzee designates [Title] as the copyright officer to administer our company’s copyright policy. [Title] at Zapzee can help you determine whether a work is covered by our Copyright Clearance Center license and how to handle any special copyright issues. Questions concerning copyright procedures, including fair use, should be addressed to [Title].
- INSTRUCTIONS FOR HANDLING COPYRIGHT INFRINGEMENT
Zapzee expects its employees to be responsible consumers of copyrighted materials. We also encourage employees to educate their peers on copyright compliance.If any employee witnesses a potential copyright infringement, please bring the matter to the attention of the individual as well as to our [Title], who serves as our copyright compliance officer. Employees who illegally duplicate copyrighted works may be subject to disciplinary action up to and including termination.