IP RIGHTS POLICY
POPPING LLC
INTELLECTUAL PROPERTY RIGHTS POLICY
Last Updated: January 1, 2022
Popping LLC (“Popping”, “we”, “us” or “our”) respects the intellectual property rights of others, and we expect you to do the same. Our Terms of Service and Code of Conduct do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights on our website located at www.popping.social, our mobile applications, our web-based applications and platforms, and any other related services provided by us (collectively, the “Services”). This policy (the “IP Policy”) explains how we handle matters of intellectual property of others.
1. Changes to this Notice. We may change this IP Policy from time to time. In the event we make changes, we will notify you by revising the “Last Updated” date at the top of this IP Policy. If there are significant changes to this IP Policy, we will attempt to notify you directly by email or provide information via our Services prior to changes becoming effective. We encourage you to review our IP Policy for periodic updates.
2. Copyright.
2.1. What is a Copyright. Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea but does not protect underlying ideas or facts.
2.2 Copyright Infringement. We do not allow any content that infringes copyright. Any use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation. In some cases, you may be required to provide evidence to prove that you are entitled to use copyrighted content of others.
2.3 Removal of Content; Suspension or Termination of Account. Any user content that infringes other person’s copyright may be removed. Your account may be suspended or terminated for multiple copyright violations in connection with your use of the Services, or other violations of our Terms of Service and Code of Conduct.
2.4 Copyright Infringement Notification. If you believe that your copyright-protected work was posted on the Services, or otherwise hosted by us without authorization, you may submit a copyright infringement notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notification (the “DMCA Notice”) must include the following:
(a) Your physical or electronic signature.
(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(d) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
(f) A statement that the information in the written notice is accurate.
(g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Popping LLC
ATTN: LEGAL DEPARTMENT
2020 Howell Mill Road NW
Suite D-506
Atlanta, GA 30318
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Before submitting a notification, please be aware of that intentionally submitting a misleading or fraudulent report may lead to liability for damages under Section 512(f) of the DMCA.
2.5 Counter-Notification Procedures. If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
(a) Your physical or electronic signature.
(b) An 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 disabled.
(c) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
(d) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
(e) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
Completed Counter-Notices should be sent to:
Popping LLC
ATTN: LEGAL DEPARTMENT
2020 Howell Mill Road NW
Suite D-506
Atlanta, GA 30318
The counter-notification process may take no less than 10 business days to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter-notification to the copyright claimant, including any personal information you provide, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against you.
If we do not receive notice within 10 business days that the original reporter 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. The decision to re-post any material is at our sole discretion.
3. Trademark.
3.1 What is a Trademark. A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.
3.2 What is Prohibited by Our Policies. Our policies prohibit any content that infringes on another person’s trademark. Using another person’s trademark in a way that may mislead or confuse people to believe that you are affiliated with the trademark owner may be a violation of our trademark policy.
3.3 What is Not Prohibited by Our Policies. Using another person’s trademark for the purpose of accurately referencing the trademark owner’s products or services, or to compare them to other products or services, is generally not considered a violation of our trademark policy.
3.4 Removal of Content; Suspension or Termination of Account. Any user content that infringes other person’s trademark may be removed. Your account may be suspended or terminated for multiple trademark violations in connection with your use of the Services, or other violations of the Terms of Service and Code of Conduct.
3.5 Trademark Infringement Notification. We may investigate reports that are submitted by the trademark holder or their authorized representative. You can submit a trademark infringement notification to us via email, by providing the following information:
(a) Your contact information, including your full name, physical address, email address and a phone number. Please note that we may provide your information and details of your report to the person who posted the content or owns the account you are reporting. This person may contact you with the information you provide.
(b) Your relationship to the trademark owner.
(c) A clear and complete description of your trademark that you believe has been infringed, including the jurisdiction of registration, registration number, trademarked goods and services class.
(d) A scan of trademark registration certificate or a direct link (URL) to your trademark record.
(e) Information about the allegedly infringing content, including the URL or other identifying location of the allegedly infringing content, and a description of how the content has been infringing your trademark.
(f) A statement that you have a good faith belief that use of the trademark described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law.
(g) A statement made under penalty of perjury, that the above information is accurate, and that you are the trademark owner or are authorized to act on behalf of the owner.
(g) The physical or electronic signature of the trademark owner or an authorized representative of the trademark owner.
If we remove content in response to a report of trademark infringement, we may notify the person you reported to inform them the content was removed. We may also provide them with your contact information, including your email address and the name of the trademark owner, and/or details of your report.