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New Ideas Web Services, Inc.
Copyrights and Marks Policy |
(This policy is part of our Terms of Service)
Effective: March 19, 2004
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For definitions, please see our
Terms of Service
Definitions.
MATERIALS, SUBMISSIONS, AND MARKS ON/WITHIN/THROUGH NEW IDEAS WEB SERVICES, INC.
All Materials, Submissions, and Marks on, within, and through
New Ideas Web Services, Inc. (including, but not limited to: New Ideas Web Services, Inc. operated web
site) are (and shall remain) the registered and/or unregistered property
of New Ideas Web Services, Inc., and/or our Joint Companies, third-party providers,
licensors, suppliers, and/or others. The selection, collection, arrangement,
compilation, and assembly of such property (including, but not limited to:
web design) is protected by United States and international laws. They may
not be used with any product or service not authorized by the owner(s) of
such property. They may not be used in such a manner that they could cause
confusion or that could degrade the owner(s) or New Ideas Web Services, Inc., it's
Members, Users, Staff, and or Indemnification Friends. Any misuse of any
such property is strictly prohibited and may result in civil and/or criminal
Legal Action. New Ideas Web Services, Inc. owned properties that were not previously
public domain shall not become public domain unless expressly stated as
such.
OTHER PROPERTY RIGHTS
New Ideas Web Services, Inc. owns and shall retain all rights, title, and interest
in New Ideas Web Services, Inc.'s Materials, Submissions, Marks, inventions and know-how
relating to all aspects (including, but not limited to: web design, web site
code (including, but not limited to: HTML, SHTML, XML, PHP, PERL, and
JavaScript), function, operation, order systems, FAQ Support Database, various
software, and various resources).
OBTAINING PERMISSION FOR USE OF MATERIALS, SUBMISSIONS, AND/OR
MARKS
Except as otherwise expressly permitted, in our TOS or on New Ideas Web Services, Inc.,
you may not Revise, reproduce, republish, upload, download (for use other
than to view or interact with such web site, provided that any and all notices
contained therein are left intact - any such download is also subject to
our TOS), post, create derivative works from, transmit, or distribute in
any way whatsoever, any Materials, Submissions, and/or Marks available on
or through New Ideas Web Services, Inc. in any way without the express prior written
permission of New Ideas Web Services, Inc. and/or the owner(s) of such. You acknowledge
that you do not acquire (by grant, implication, or otherwise) any rights,
or licenses through your use New Ideas Web Services, Inc. or any of the Materials,
Submissions, and/or Marks.
Permission for Marks belonging to New Ideas Web Services, Inc. MUST be in writing
on paper (not via Email or other technology).
INTENDED PURPOSES
You may not use any Materials and/or Submissions for any purpose other than
its intended purpose. Doing so may constitute an infringement of the rights
(including, but not limited to: copyright) of New Ideas Web Services, Inc. and/or
others. You may not use "hidden" frames or "inlining" to display any web
site, in whole or in part, on New Ideas Web Services, Inc. without the express prior
written permission of New Ideas Web Services, Inc. [This means that you cannot put
the New Ideas Web Services, Inc. web site (in whole or in part) inside of (or make
it appear to be a part of) your web site].
INTELLECTUAL PROPERTY RIGHTS
Materials and/or Submissions accessible to you through
New Ideas Web Services, Inc. may include "trade secrets" and/or proprietary information and may be subject
to protection under the United States and/or other laws protecting "trade
secrets" and/or proprietary information. Except when expressly permitted
by the owner of such rights, you must not use New Ideas Web Services, Inc. in a manner
that would infringe, violate, dilute and/or misappropriate any such rights,
with respect to any Material and/or Submissions, which you access and/or
receive through New Ideas Web Services, Inc. If you use a Domain Name in connection
with New Ideas Web Services, Inc., you must not use that Domain Name in violation
of any Mark, our TOS, and/or other rights of any party.
Celebrity fan web sites have certain legal protections (please see "RIGHTS
OF USE OF CELEBRITY INFORMATION" within this policy for more information).
RIGHTS OF USE OF CELEBRITY INFORMATION - BY New Ideas Web Services, Inc.
Use of celebrity information on New Ideas Web Services, Inc. may qualify for certain
legal protections and/or "fair use" protections granted by 17 U.S.C. 512,
United States Fair Use Copyright Law 107, and/or other applicable laws.
Furthermore, parts and/or areas of New Ideas Web Services, Inc. may be further protected
by contract(s), license(s), and/or agreement(s) held or controlled by
New Ideas Web Services, Inc., our Joint Companies, and/or otherwise.
RIGHTS OF USE OF CELEBRITY INFORMATION - BY MEMBERS OF New Ideas Web Services, Inc.
Use of celebrity information on your New Ideas Web Services, Inc. Member Account may
qualify for certain legal protections and/or "fair use" protections granted
by 17 U.S.C. 512, United States Fair Use Copyright Law 107, and/or other
applicable laws. Furthermore, parts and/or areas of some
New Ideas Web Services, Inc. Member Accounts may be further protected by contract(s), license(s), and/or
agreement(s) held or controlled by New Ideas Web Services, Inc., our Joint Companies,
and/or otherwise. Please remember that "Fan Fiction" Material on any Member
web site is strictly prohibited by New Ideas Web Services, Inc.
SUBMISSIONS
All Materials and Submissions submitted to (or entered into)
New Ideas Web Services, Inc. and/or any Staff member thereof shall be deemed as, shall become,
and shall remain the full, irrevocable, and exclusive property of
New Ideas Web Services, Inc. (for legal reasons). We reserve the right to make exceptions
as needed, when needed as determined by us. We shall own and retain all rights
(including, but not limited to: any intellectual property rights, proprietary
rights, the rights to publish, republish, sub-license, reproduce, "right
of publicity," list, disclose, title, Revise, modify, adapt, market, create
derivative works from, and translate) to such Materials and Submissions,
unrestricted, throughout the universe. We reserve the right to use any such
Materials and/or Submissions for any purposes that we determine may (or may
not) be of benefit to us (including, but not limited to: marketing purposes
and/or commercial purposes). We shall not be obligated and/or liable to you
(and/or any other party) for any purpose (including, but not limited to:
compensation, additional compensation, notice, consent, release (broadcast
release, photo release, and/or otherwise), permission, use, non-use, disclosure,
and/or otherwise) related to any Materials and/or Submissions, even if we
attempt any such action. [Example: You (or your Account) submit a testimonial
to us. Our marketing department sees it and wants to use it. Even though
we are not required to, we may attempt to obtain a release from you. Even
if you object or fail to return that release, we may use your testimonial
anyway] [we do this for legal reasons].
THE EXCEPTION
(Please see our provision entitled
"OWNERSHIP
OF CONTENT" in our Web Hosting Agreement.)
[It generally says that Web Hosting Client retains ownership of content placed
on their Web Hosting Account (web site).]
CLAIMS OF COPYRIGHT INFRINGEMENT, OR OTHER VIOLATION OF MARK (CLAIM OF
MARK VIOLATION)
New Ideas Web Services, Inc. respects the Marks of others. New Ideas Web Services, Inc. does
not knowingly intend or attempt to violate any copyright and/or other Marks
of any entity. If you believe that your Mark has been copied in any way without
your permission, please contact us with the following information.
If you believe that any Material appearing on New Ideas Web Services, Inc. (and/or
any Member's Account) has been copied in a way that you believe constitutes
infringement of copyright and/or other Mark, please forward the following
information to the OFFICIAL COPYRIGHT AGENT named below:
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your full legal name, title, address, telephone number, fax number, and Email
address
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a reasonably detailed description of the Mark that you claim has been infringed
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If your Mark is registered, please provide the registration number/code.
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If your Mark is not registered, please (offer to) mail us proof that the
Mark belongs to (or is under the control of) you.
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the exact URL of where the alleged infringing Material is located
(EXAMPLE: http://www.infringing-web-site.com/image.gif)
If there is more than one (1) issue, you must send the exact URL for each.
(Each infringing item/image is a separate "issue.")
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a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law
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a statement by you, made under penalty of perjury, that the above information
in your claim is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf
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You MUST include your physical signature.
(The owner or the person authorized to act on behalf of the owner, of the
Mark).
OFFICIAL COPYRIGHT AGENT
New Ideas Web Services, Inc.
Attn: Legal Dept. / Copyright Agent
Merrill Lynch Plaza
130 W Main Street
Fort Wayne, IN 46802
USA
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By your Claim of Mark Violation with us, it is our intention
to attempt to preserve any and all exemptions from liability that may be
available under the copyright law (U.S.C. 17).
You agree to comply with the requirements of the Digital Millennium Copyright
Act (DMCA). You agree that New Ideas Web Services, Inc. is a "service provider" under
the DMCA and is therefore immune from liability under the DMCA (as defined
in U.S.C. 17.512c or elsewhere in any U.S. law). We are also protected by
your agreement to our TOS.
CLAIM OF MARK VIOLATION PROCEDURES
Upon our receipt of your Claim of Mark Violation, we will investigate the
situation and expeditiously (within 60 days) take any action as we, in our
sold discretion, see fit (including, but not limited to: removal of (and/or
disabling access to) any such Material that we believe is, appears to be,
or may be, infringing). New Ideas Web Services, Inc. and any affected Member thereof,
separately or together, reserve the right to request and require verification
and proof of such claim (for the purpose of obtaining actual knowledge (and/or
valid awareness)). Our internal investigation may take up to 60 days before
any apparent action, if any, is taken. (This means that such Material may
remain in place for up to 60 days from our receipt of your (valid or otherwise)
Claim of Mark Violation. This allows us time to obtain actual knowledge and
verification of such claim and to do so without inconvenience (burden) to
our Users, Members, and their Visitors. This also helps to prevent Users
and/or Visitors from trying to "harass" and/or "coerce" our Members.) If
after your Claim of Mark Violation, we, in good faith, believe that the Material
in question is a plainly obvious violation of copyright and/or other Mark,
we may, at our sole discretion, remove (and/or disable access to) such Material
immediately. By visiting any web site (this includes, but is not limited
to: any physical printouts, Email and/or any other similar form thereof)
on New Ideas Web Services, Inc. (including, but not limited to: Member web sites)
(whether for viewing pleasure, to research any suspected violation, or
otherwise), you have agreed to New Ideas Web Services, Inc.'s Terms of Service and
the provisions within [with emphasis on our Indemnification provision].
PROOF OF AUTHORIZATION TO USE MATERIAL
This provision is to be used when New Ideas Web Services, Inc. requires proof that
certain Material is legal and does not violate our TOS.
[We generally (but are not limited to) use this provision to verify a Claim
of Mark Violation.]
New Ideas Web Services, Inc. may require proof of license (authorization), contract,
copyright (or other Mark), and/or any other form of verification to prove
that certain Material is legal (and/or conforms with our TOS) for distribution
by you on your New Ideas Web Services, Inc. Member web site. When this is required,
proof of such documents must be mailed (or we may allow to be faxed) to the
"OFFICIAL COPYRIGHT AGENT" of New Ideas Web Services, Inc. Such document(s) MUST
specify the following:
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Your New Ideas Web Services, Inc. Account Username (using relevant Account).
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The New Ideas Web Services, Inc. Member web site and the exact URL where the Material
currently is (or will be) located.
(Example: http://www.web-site-that-requires-proof.com/image.gif)
If there is more than one (1) file (or other Material), you must send the
exact URL for each.
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your full legal name, title, address, telephone number, fax number (if any),
and Email address
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a reasonably detailed description of the Material
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If the Material is registered, please provide the registration number/code.
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If the Material is not registered, please mail us proof that the Material
belongs to (or is under the control of) you. (New Ideas Web Services, Inc. will solely
determine what is considered proof in a case-by-case basis.)
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a statement (affidavit) by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the Material owner
or authorized to act on the Material owner's behalf
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You MUST include your physical signature (the owner or the person authorized
to act on behalf of the owner, of the Material).
We reserve the right to request and require extra information and/or proof.
WHAT IS CONSIDERED PROOF OF NON-REGISTERED COPYRIGHT
Here is a list of some things that may (in some cases) constitute proof (to
the satisfaction of New Ideas Web Services, Inc.). Some situations (such as Legal
Action) may require more definite proof.
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A professionally printed music demo CD (for audio and/or MP3s)
(not stickered, penned, markered, or similar)
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A published book (with a valid ISBN # and which shows copyright date) containing
such Material.
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A publication (such as a published magazine and which shows copyright date)
containing such Material.
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Anything that New Ideas Web Services, Inc. considers being reasonable proof.
If you cannot provide proof, when required, you must immediately remove such
Material. This provision may be Revised in the future, as needed, with or
without notice of any kind. We reserve the right to request and require extra
information and/or proof.
RESTORATION OF MATERIAL (MARK) THAT WAS REMOVED
Before restoration of any such Material(s) that New Ideas Web Services, Inc. has removed
(and/or disabled access to), we may (but are not obligated to) require from
you documented proof of your ownership and/or license and/or authorization
to use such Material.
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Questions - Additional
questions about our Copyrights and Marks Policy:
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New Ideas Web Services, Inc.
Merrill Lynch Plaza
130 W Main Street
Fort Wayne, IN 46802
USA
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