The services, website, software and systems made available through the website "iSkor.com", related websites and other platforms (collectively "Services") are provided by iSkor Pty Limited ACN 161 448 460 ("iSkor", "we", "us" or "our") of Level 9, 99 York Street, Sydney, New South Wales, 2000, Australia.
We provide users including visitors browsing content ("you" or "your") with the Services subject to our Terms of Service ("Terms") which govern your access to and use of the Services.
This Copyright Policy ("Policy") sets out your rights and obligations when using the Services in respect of your copyright and the copyright of others. It is intended to assist you in getting the most out of the Services while respecting the intellectual property rights including copyright ("intellectual property") of others.
Please read this Policy carefully. If you have any questions please contact us.
This Policy should be read in conjunction with the Terms. By accessing or using the Services you agree to be bound by and comply with the Terms and this Policy. Your failure to do so may lead to the suspension or termination of your access to the Services.
APPLICABLE LAW AND APPLICATION
This Policy applies in respect of those persons and other legal entities who are involved in a claim for infringement of copyright ("Infringement") who:
- are resident in the United States of America ("USA");
- are obliged to resolve and claim for Infringement under the law of the USA; or
who are not resident in the USA and have, by acceptance of the Terms of Service, agreed to be bound by this Policy.
The relevant law of this Policy is the Applicable Law as defined in the Terms which you accept as a condition of your use of the Services. For the purposes of this Policy only, you specifically agree with iSkor that in relation to any claim for Infringement:
- you agree to abide by this Policy and the Applicable Law;
- you submit to, are bound by and will comply with the procedures prescribed under the Digital Millennium Copyright Act (USA) ("DMCA") and other applicable intellectual property laws under the Applicable Law ("IP Law"); and
which is disputed, you submit to, are bound by and will comply with any determination of the courts having jurisdiction under the Applicable Law applying the DMCA and IP Law.
If you are located in a jurisdiction outside the Applicable Law, the laws of the place where you are located are referred to in the balance of this Policy as the "Local Law".
WHAT ARE INTELLECTUAL PROPERTY RIGHTS
Intellectual property refers to the ownership of specific types of intangible (non-physical) things such as:
- musical, literary, and artistic works;
- discoveries and inventions;
- original words, phrases, symbols and designs; and
ideas and other creations of the mind.
Common types of intellectual property rights include copyright, patents and trade marks. In some places, trade secrets and moral rights are also recognized. Anything which embodies such rights, for instance digital media, is likely to be subject to intellectual property rights.
OUR COPYRIGHT POLICY
iSkor takes its obligations in respect of the intellectual property rights including copyright of others seriously. We respect intellectual property rights and understand how important it is that such rights are not infringed.
This Policy is primarily concerned with the exclusive rights a person ("Copyright Owner") has in respect of their work which is subject to claim to copyright. These rights are recognized under the Applicable Law and in other legal jurisdictions throughout the world.
Copyright protection is given by law and means the Copyright Owner can control the use of their copyright work. Therefore copying, adapting and transmitting copyright material may, subject to permitted exceptions under the relevant law, amount to an infringement of copyright. Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or otherwise made into a derivative work without the consent of the Copyright Owner.
iSkor manages claims for alleged infringement of copyright in accordance with the DMCA applied under Applicable Law.
Copyright infringement can lead to legal action restraining further infringement. It can also result in court orders for the payment of monetary compensation to the Copyright Owner.
COPYRIGHT IN USER CONTENT
iSkor does not assert any ownership or intellectual property rights in your content including messages, text including ratings or opinions, files, images, photographs, video or other digital images, sounds, musical works, works of authorship, applications or other materials stored, displayed or transmitted using the Services ("User Content"). You represent and warrant to us that any User Content stored, displayed or otherwise transmitted using the Services is your intellectual property or that you have the right to use it.
You grant to iSkor a non-exclusive, perpetual, royalty-free worldwide limited licence to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate User Content in the course of provision of the Services or promotion of the Services.
The Services other than User Content contain content which is the intellectual property of iSkor ("iSkor Content"). iSkor Content is the protected intellectual property of iSkor. It may be used by you only for the purposes of the Services as offered by iSkor from time to time.
You have an obligation under the Applicable Law and Local Laws to not infringe the intellectual property rights including copyright of any person in relation to any content or other material you access, download, transmit, copy, store, send or distribute using the Services. You must not use the Services to copy, adapt, reproduce, distribute, use or otherwise make available to other persons any content or material contrary to the lawful copyright of the Copyright Owner under Applicable Law or Local Law.
You expressly agree not use the Services to infringe the intellectual property rights of any person under the Applicable Law or Local Law and to be bound by and strictly observe this Policy in relation to the User Content of other users of the Services.
ALLEGED COPYRIGHT INFRINGEMENT
Copyright Owners who believe their copyright work is accessible through the Services in violation of their rights:
- agree, to the extent permitted under Applicable Law, that the procedures prescribed under the Digital Millennium Copyright Act (USA) ("DMCA") will apply to any alleged Infringement;
should submit a written Notification of Alleged Copyright Infringement ("Notification") at email@example.com and firstname.lastname@example.org. The Notification must contain the following information:
- A detailed description of the original copyrighted work or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works ("original work") which has been infringed, described with sufficient detail to allow iSkor to identify the relevant work. Provision of a URL describing or showing the copyrighted work will greatly assist this process.
- A detailed description of the material on an iSkor Service which is alleged to infringe upon the original work that is to be removed or access to which is to be disabled ("infringing material"), described with sufficient detail to allow iSkor to identify the infringing material on iSkor's system. Provision of a URL describing or showing the infringing material will greatly assist this process.
- Information reasonably sufficient to permit iSkor to contact you including your contact information, including your name, mailing address, telephone, facsimile number, email address and, if applicable, the name and contact details for your appointed attorney.
- A written statement as follows: "I declare that I have a good faith belief that the use of the infringing material identified in this Notification is not authorized by the copyright owner, its agent, or the law."
- A written statement as follows: "I declare under penalty of perjury that the information in this Notification is true and that I am the owner, or authorized to act on behalf of the owner, of an exclusive right in the original work for which I am alleging infringement."
- An electronic or physical signature of the Copyright Owner, or a person authorized to act on behalf of the owner.
Send the Notification to both of the following email addresses: email@example.com and firstname.lastname@example.org
Please note: iSkor will not accept a Notification to any other email address. A Notification which does not comply with the above requirements may delay our response to your complaint or concern. You agree that if you fail to provide a notification as set out above, your notification may not be considered valid.
Warning - Notification
If your Notification materially misrepresents a claim that content accessible using the Services infringes your copyright, you may be liable for misleading and deceptive conduct, damages and costs (including legal costs and expenses). If you are unsure whether there has been an infringement of your copyright or the copyright of a Copyright Owner, we recommend that you take appropriate legal advice before giving any notification of alleged infringement of copyright.
If you are an iSkor User and a Notification has been given in respect of User Content available through your use of the Services ("Subscriber"), iSkor may take steps to suspend or terminate your use of the Services or remove or disable some or all of your User Content.
A Subscriber is entitled to make a counter notification in accordance with section 512(g) of the DMCA ("Counter Notification"). A Counter Notification must contain the following information:
- A description 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 ("Relevant Material").
- Identify the iSkor User account which has been affected by action following receipt of the Notification. Please specify the relevant action in respect of which the Counter Notification is given.
- Your contact information, including your name, mailing address, telephone, facsimile number, email address and, if applicable, the name and contact details for your appointed attorney.
- Confirmation 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 of America, the courts of New South Wales, Australia and will accept service of process from the person (or person's agent) who gave the Notification under section 512(c)(1)(C) of the DMCA.
- A written statement as follows: "I declare, under penalty of perjury, that I have a good faith belief that the Relevant Material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- A physical or electronic signature of the Subscriber, or a person authorized to act on behalf of the Subscriber.
Send the Counter Notification to both of the following email addresses: email@example.com and firstname.lastname@example.org
Please note: iSkor will not accept a Counter Notification to any other email address. A Counter Notification which does not comply with the above requirements may delay our response to your notification. You agree that if you fail to provide a notification as set out above, your notification may not be considered valid.
Warning – Counter Notification
If your Counter Notification materially misrepresents that content published by you and accessible using the Services does not infringe the copyright of others, you may be liable for misleading and deceptive conduct, damages and costs (including legal costs and expenses). If you are unsure about your rights or whether there has been an infringement of copyright, we recommend that you take appropriate legal advice before giving any Counter Notification.
Registered Designated Agent to Receive Notification and Counter Notification
In order to exercise rights under and in accordance with the DMCA, any Notification or Counter Notification must be sent to iSkor's designated agent under the DMCA ("Designated Agent".) The contact information for iSkor's Designated Agent is:
Mr Rodrique Khoury
Hugh & Associates – Lawyers
Level 9, 99 York Street
Sydney NSW Australia 2000
You agree and acknowledge that iSkor is a "service provider" for the purposes of section 512 of the DMCA and you undertake to provide any Notification or Counter Notification to the Designated Agent. Subject to the Applicable Law and its rights as an online service provider under the DMCA, iSkor will observe the procedures under the DMCA in respect of Copyright Infringement.
Any complaints or concerns regarding any breach or suspected breach of this Policy should be directed to us, as follows:
If you are a Copyright Owner and believe your copyright is being infringed, please provide the Notification as set out above to: email@example.com and firstname.lastname@example.org. If you dispute a Notification, you may provide a Counter Notification to email@example.com and firstname.lastname@example.org.
Any other correspondence concerning iSkor's Copyright Policy, please communicate with us at email@example.com
If you are a trademark owner and believe an iSkor User is infringing your trademark, please provide the iSkor User's name, account name, your contact name and address, evidence of your registered trademark and any other relevant particulars at firstname.lastname@example.org.
iSkor Trademark or logo
If you notice any unauthorized use of the iSkor name or logo, please report it to us.
ABOUT THIS POLICY
Reference to a "person" includes any natural person or group of persons and other legal entity under Applicable Law.
To the extent of any inconsistency between this Policy and the Terms, the Terms will prevail.
We may amend this Policy by posting a revised version of this Policy on iSkor.com website and, in accordance with the Terms, your continued use of the Services after such amendment will constitute acceptance of this Policy as amended.
Effective Date: 1 January 2013
© iSkor 2013