INTELLECTUAL PROPERTY POLICY
Effective Date: February 9, 2019
Date of Last Revision: September 26, 2019
What is a copyright or trademark?
Copyright is a legal right that seeks to protect original works of authorship fixed in a tangible medium of expression. Protected works may be visual (paintings, photographs, videos, movies), audio (songs, recordings) or written (books, plays, articles). Copyright protects words or images, not facts or ideas (although it may protect the original words or images used to describe an idea). Copyright doesn’t protect things like names, titles and slogans.
A trademark is a word, slogan, symbol or design (e.g., brand name, logo) that distinguishes the products or services offered by a person or company from another. Generally, trademark law seeks to prevent confusion among consumers about who provides or is affiliated with a product or service.
How do I file a copyright or trademark report?
Before you submit a report of copyright or trademark infringement, we encourage you to send a message to the person who posted the content. You may be able to resolve the issue without contacting Vertigo.
Remember, only the owner of a copyright or trademark (or their authorized representative) may file a report of infringement. If you believe something on Vertigo infringes someone else’s copyright or trademark, you may want to let the rights owner know.
Please note that Vertigo can’t adjudicate disputes between third parties, and so we wouldn’t be in a position to act on infringement reports that require an in-depth intellectual property analysis. This is also the case for trademark reports that appear to involve a real-world dispute that wouldn’t be resolved by any action that Vertigo could take. In these situations, rather than contacting us, you may want to reach out directly to the party that you believe is infringing your rights, or seek any resolution in court or by other judicial means.
Before you submit a report, please consider whether the content you want to report may be a permissible use of your copyright or trademark. If you’re not sure whether the content you’re reporting infringes your legal rights, because it may be a fair use or otherwise, you may want to seek legal guidance.
Please note that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. Intentionally submitting misleading or otherwise fraudulent reports of copyright or trademark infringement may lead to Vertigo taking action, including termination of your account. Submitting misleading or fraudulent reports may also lead to liability for damages under section 512(f) of the DMCA or similar laws in other countries.
If you are the holder of a copyright or trademark and believe in good faith that your work has been reproduced on our platform in a way that constitutes infringement, please notify our designated agent in writing at:
Vertigo Media, Inc.
14835 Ballantyne Village Way, Suite 200
Charlotte, NC 28277
To allege a copyright infringement, please provide the following information to our DMCA Agent:
Your complete contact information (full name, mailing address and phone number)*
A description of the content on our site that you claim infringes your copyright
Information reasonably sufficient to permit us to locate the material on the Vertigo app (such as the username of the account where the content appears)
A declaration that:
You have a good faith belief that use of the copyrighted content described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law
The information in your notice is accurate
Under penalty of perjury, you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed
Your electronic signature or physical signature
To allege a trademark infringement, please provide the following information to our DMCA Agent:
Your complete contact information (full name, mailing address, and phone number)*
The specific word, symbol, etc., in 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 on the Vertigo app that you believe violates your trademark rights (such as the username of the account where the content appears)
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
A declaration that:
You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law
The information in your notice is accurate
You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed
*Please note that we provide your name, contact information and the contents of your report to the person who posted the content you are reporting. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. We may give notice of alleged copyright infringement to our users by a general notice on the our platform, by electronic mail to a user's e-mail address contained in our records, or by written communication sent by first-class mail to a user's physical address contained in our records.
What happens after I submit a report?
Once you submit a copyright or trademark report, our DMCA Agent will review it and consider what actions (such as removal of the content or disabling of the account) are appropriate under the circumstances. Sometimes, we may contact you to ask you for more information so that we can continue our investigation.
When we remove content in response to a report of copyright or trademark infringement, we notify the person you reported to inform them the content was removed. We also provide them with your contact information, including your email address and the name of your organization or client, and/or the contents of your report.
If the person who posted the content believes that the content shouldn’t have been removed, they may reach out to you directly to try to resolve the issue. If the content was removed under the notice and counter-notice procedures of the DMCA or based on U.S. trademark rights, they may also be able to submit a counter-notification or an appeal.
We reserve the right to disable any account of, or take action as deemed appropriate in our discretion against, any user who has repeatedly infringed copyrights.
What can I do if I receive a notice of copyright or trademark infringement from you?
When we receive a report from a rights owner claiming content on Vertigo infringes their intellectual property rights, we may need to promptly remove that content from Vertigo without contacting you first.
If we remove content you posted because of an intellectual property report through our online form, you’ll receive a notification from us that includes the name and email address of the rights owner who made the report and/or the details of the report. If you believe the content shouldn’t have been removed, you can follow up with them directly to try to resolve the issue.
If you receive a notice of alleged copyright infringement from us, you may elect to provide counter notification in writing to our DMCA Agent. To be effective, your counter notification include the following information:
Your physical or electronic signature
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 you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which the address you provide is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the complaining party who provided us with a notice of infringement or an agent of such person
If you have questions about this policy, please contact us at email@example.com.