Post by tomishereagain on Mar 28, 2016 14:56:43 GMT -6
Part of ProBoards Terms of Service considers Intellectual Property and how that is handled. Being a movie community we all want to see the best movies available but ProBoards limits how we can reference them. To keep us out of problems I am examining the terms and will try to explain them so we can all understand and hopefully keep GHOSTOWN from being shut down.
We ask you to read and understand before you post on the community, Just to keep the demons at bay, Thanx!
20. INTELLECTUAL PROPERTY
A standard policy concerning ownership. ProBoards MUST include this as a requirement of law. Anytime they feel the need to exercise their right to uphold this in any way, We will comply. This is LAW and not subject to interpetation.
This is telling you that ProBoards Intellectual Property belongs to ProBoards only and that just because you are a member of this community does not give you the right to infringe upon them. In Short, Just leave ProBoards stuff alone.
This is a notice telling you that ProBoards Property is Copyrighted.
This is telling you that ProBoards will not Violate Copyright property of others.
In addition, The Terms of Service includes reference to ProBoards' Digital Millennium Copyright Act Policy (DCMA) which appears below:
This DCMA is there to protect YOUR COPYRIGHT on your behalf. It outlines exactly what ProBoards will do.
If ProBoards takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to ProBoards, and will provide a copy of the Infringement Notice to such party.
It also reminds you that making FALSE accusations can make you liable and advises you to obtain legal council concerning violations.
In simple terms: Don't report a violation unless you have a personal valid complaint.
We ask you to read and understand before you post on the community, Just to keep the demons at bay, Thanx!
20. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS. PROBOARDS TERMINATES ACCOUNTS OF USERS DETERMINED TO BE REPEAT INFRINGERS.
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS. PROBOARDS TERMINATES ACCOUNTS OF USERS DETERMINED TO BE REPEAT INFRINGERS.
(b) Trademarks
PROBOARDS, PROBOARDS.COM and the "ProBoards logo" (collectively, the "ProBoards Marks") are trademarks or registered trademarks of ProBoards, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the ProBoards Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the ProBoards Marks generated as a result of Your use of the Website and Services will inure to the benefit of ProBoards, Inc, and You agree to assign, and hereby do assign, all such goodwill to ProBoards, Inc. You shall not at any time, nor shall You assist others to, challenge ProBoards, Inc.'s right, title, or interest in or to, or the validity of, the ProBoards Marks.
PROBOARDS, PROBOARDS.COM and the "ProBoards logo" (collectively, the "ProBoards Marks") are trademarks or registered trademarks of ProBoards, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the ProBoards Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the ProBoards Marks generated as a result of Your use of the Website and Services will inure to the benefit of ProBoards, Inc, and You agree to assign, and hereby do assign, all such goodwill to ProBoards, Inc. You shall not at any time, nor shall You assist others to, challenge ProBoards, Inc.'s right, title, or interest in or to, or the validity of, the ProBoards Marks.
(c) Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation the ProBoards logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by ProBoards, Inc or are the property of ProBoards' licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2000 to the present, ProBoards, Inc. ALL RIGHTS RESERVED.
All content and other materials available through the Website and Services, including without limitation the ProBoards logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by ProBoards, Inc or are the property of ProBoards' licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2000 to the present, ProBoards, Inc. ALL RIGHTS RESERVED.
(d) DMCA Policy
As ProBoards asks others to respect ProBoards' intellectual property rights, ProBoards respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify ProBoards in accordance with ProBoards' Digital Millennium Copyright Act Policy. ProBoards will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
As ProBoards asks others to respect ProBoards' intellectual property rights, ProBoards respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify ProBoards in accordance with ProBoards' Digital Millennium Copyright Act Policy. ProBoards will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
In addition, The Terms of Service includes reference to ProBoards' Digital Millennium Copyright Act Policy (DCMA) which appears below:
If you believe that material on or linked to by the Website (all capitalized terms not defined in this Policy have the same meanings as in ProBoards' Website Terms of Service, which is incorporated herein by reference) or otherwise being provided in connection with the Services infringes one or more of your copyrights, please immediately notify ProBoards' copyright agent by means of a mailed or emailed notice ("Infringement Notice") providing the information described below. If ProBoards takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to ProBoards, and will provide a copy of the Infringement Notice to such party. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following:
A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit ProBoards to find and positively identify that material;
Your name, address, telephone number and email address; and
A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to the following:
ProBoards, Inc.
ATTN: Copyright Agent
26060 Towne Centre Dr
Lake Forest, CA 92610
Or via e-mail: dmca@proboards.com
All Infringement Notices should include the following:
A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit ProBoards to find and positively identify that material;
Your name, address, telephone number and email address; and
A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to the following:
ProBoards, Inc.
ATTN: Copyright Agent
26060 Towne Centre Dr
Lake Forest, CA 92610
Or via e-mail: dmca@proboards.com
If ProBoards takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to ProBoards, and will provide a copy of the Infringement Notice to such party.
It also reminds you that making FALSE accusations can make you liable and advises you to obtain legal council concerning violations.
In simple terms: Don't report a violation unless you have a personal valid complaint.
This is the extent of ProBoards written policy concerning Intellectual Property.
Initial Version 1.0
March 28, 2016
tomishereagain
March 28, 2016
tomishereagain