Copyright and Trademark Usage Policies
COPYRIGHT INFRINGEMENT NOTICE POLICY
Notice of Claimed Infringement
Winspire will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and pursuant to this Copyright Infringement Notice Policy. Winspire also reserves the right to remove or disable access to any material posted to its Website, in its sole discretion. It is Winspire’s policy, in appropriate circumstances, to terminate the accounts or personal pages of repeat infringers.
Written notification of claimed copyright infringement must be submitted by mail, email or facsimile to the Winspire Designated Agent:
Name of Designated Agent to receive notification of claimed infringement:
Street address of Designated Agent to which notification should be sent:
Attention: Copyright Designated Agent
15520 Rockfield Blvd., Suite J-100
Irvine, California 92618
E-mail address of Designated Agent:
Phone Number of Designated Agent:
Facsimile Number of Designated Agent:
To be effective, the notification must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if there are multiple works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Removal of or Disabling Access to Material and Notice to User
After receipt of an effective notification of claimed copyright infringement, Winspire may remove or disable access to materials posted by third parties to its Website. In addition, Winspire may, in its sole discretion, notify the individual who posted the material that it has removed or disabled access to the material.
Counter-Notice and Replacement of Material
In the event that Winspire provides notification that it has removed or disabled access to material posted by a Website user, the user may send a written counter notification in compliance with the DMCA and this Policy that includes substantially the following:
A physical or electronic signature of the user.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appears before it was removed or access to it was disabled.
A statement under penalty of perjury that the user has 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.
The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of the claimed infringement or an agent of such person.
Upon receipt of a valid counter notice, Winspire may send a copy of the counter notice to the original complaining party. Unless Winspire receives timely notice from the original complaining party that the person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material, Winspire may replace or restore access to the challenged material, in its sole discretion.
TRADEMARK USAGE GUIDELINES
Winspire’s trademarks, service marks and trade dress (collectively, “Trademarks”) are valuable intellectual property assets, and they should only be used pursuant to Winspire’s Trademark Usage Guidelines. Nothing in these Guidelines grants the right to use any Winspire Trademarks in any manner or to acquire any domain names that include any Winspire Trademarks. These Trademark Usage Guidelines may be modified by Winspire from time to time, in Winspire’s sole discretion. Licensees of Winspire and other third parties may be subject to additional use restrictions.
Use of Winspire Trademarks
Winspire Trademarks should only be used to refer to Winspire products and services, and only in a manner that is true, accurate, not misleading and fair.
The Winspire company logo and its trade dress should not be used without the company’s express written authorization. Likewise, its trademarks and service marks should not be used in their stylized form without the company’s express written authorization; they should be used only in standard text with initial caps or all caps.
The Winspire Trademarks should be presented in a manner that makes them stand out from the text around them, such as in initial caps or all caps. Use an appropriate trademark symbol and/or trademark acknowledgement of Winspire’s ownership of the Trademarks. Use ™ for unregistered marks or ® for registered marks, and/or use the following form of acknowledgement: “WINSPIRE and the company logo are trademarks of Winspire.”
Do not use a Winspire Trademark as a noun, in a plural form, or in a possessive form. A Winspire Trademark should not be used in a generic or descriptive fashion. A Trademark should be used as an adjective, followed by the appropriate noun, such as: WINSPIRE services make your auction a great success.
Do not incorporate Winspire Trademarks into marks of other companies, organizations or individuals, do not modify the Trademarks in any manner, and do not join the Trademarks together to other words, names, symbols, numbers or phrases. The Trademarks should not be translated into another language
Winspire is developing new products and services, and anticipates that it will launch new trademarks, service marks and trade dress designs in the future. Winspire Trademarks currently include, but are not limited to:
the WINSPIRE company logo: