Paytween Intellectual Property Policy
This Intellectual Property Policy shall form part of the Paytween Terms and Conditions.
Any terms not defined in this Intellectual Property Policy shall have the meaning specified in the Paytween Terms and Conditions. Paytween respects the rights of intellectual property and rights of any other kind, regardless their holder. Paytween also expects and invites its Users to do the same.
All intellectual property rights in the App and content on the App (except for User-Generated Content/Data, as defined below), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) belongs to us and/or our licensors. All rights are reserved.
By means of your registration as a User of Paytween, it is understood that you know that Paytween does not offer, assure, or guarantee any type of privacy or confidentiality over the User-Generated Content which is to say, it is your own responsibility to decide which Content to share and who to share them with. Paytween does not intervene in communications between Users or between Users and other individuals and will not be liable for the use of such User-Generated Content by third parties. As such, you understand, acknowledge and accept that you are solely responsible for the Content you upload and the consequences of its publication, which under no circumstances may be attributed to Paytween.
With regard to the intellectual property rights associated with the User-Generated Content (where subject to intellectual property rights), you represent and warrant that you are the holder of these rights (and that you will continue as such as long as you use the App and the other services now provided or to be provided in the future by Paytween) or that you have all necessary licenses, rights, consent, or authorization from the holders of the relevant rights to allow Paytween to use your User-Generated Content in order to provide the service it offers and for any other purpose under the Terms and Conditions.
You agree that the User-Generated Content you provide to Paytween is not subject to or restricted by the intellectual property rights of third parties (whether on an exclusive basis or not), unless you can prove that you have a license or formal authorisation from the holder of said rights, or that you are otherwise legally authorised to publish, share, and/or distribute the relevant Content in the App and to grant Paytween the license as set out below.
You understand and accept that in downloading the App and uploading Content on our servers (“User-Generated Content” and/or “Data”), you are granting to Paytween and to any other Users of the App a royalty-free, non-exclusive, worldwide, perpetual, irrevocable, transferable license (including the right to sub-license) to record, use, reproduce, communicate to the public, distribute, transform, and produce derivative works of such User-Generated Content, without limitation, in any format and in any exploitation means to the extent permitted by the Service and in accordance with the present Terms and Conditions.
You acknowledge that we may copy, store, adapt, modify, and use the User Generated Content/Data to enable us to provide the App, Content and Data to you.
You acknowledge that we may make the User Generated Content/Data available to other users of the App, and via our other platforms related to the Paytween service and all associated marketing and advertising.
You confirm that any User Generated Content/Data shall be your own original work and you shall not infringe the intellectual property rights, publicity rights, or privacy rights of any third party or defame any person. You agree to indemnify us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.
To the extent that the App allows you to message or communicate with other users of the App, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material. We do not monitor any communications that you may send from the App, but reserve the right, at our discretion to remove your account or User Generated Content/Data in the event that you breach any of the terms of this Intellectual Property Policy or any other term of the Terms and Conditions.
You agree that you shall not use the App to send any abusive or offensive material, or any other material which we deem to be generally objectionable, or for any commercial purposes.
We use your User Generated Content/Data in accordance with the Terms and Conditions.
After you delete your account, your User Generated Content/Data shall remain on our servers for a limited period of time as part of our backup system.
Please note you retain all ownership of your User Generated Content/Data that you upload, and you are free to use it elsewhere.
You understand that the uploading or publication of any Content that is not fully legal is strictly forbidden, and as such, you agree to not publish, upload, share, or download to the App nor, in general, to the website or any other format any Content containing material whose possession, exchange, or access is illegal in your country of residence, or whose use or possession by Paytween is illegal or not fully authorised by its respective owners for the provision of Services.
Save as for User-Generated Content/Data, all other Content shall be either the property of Paytween or has been licensed to it under the aforementioned or similar terms, and, as between Paytween and you, is subject to Paytween’s (or its Users, as the case may be) intellectual property, trademark, copyrights, trade secret and industrial property rights. You understand and accept that the trademarks and servicemarks included in the App and used in any of Paytween’s services, including, but not limited to Paytween ®, its logo(s), and slogan(s), whether registered or not, and the marks of third parties , are property of Paytween or of third parties and cannot be used without authorisation by their legal owners. All rights are reserved.
Paytween does not endorse nor express opinions on the User-Generated Content, or on the opinions, the recommendations, or advice of any kind which Users share on the App with regard to User-Generated Content, and as such, Paytween excludes and disclaims any liability with regard to the User-Generated Content.
To this end, in the case that you are either the holder of any right, particularly of any intellectual property right, or you have been appointed as representative by its holder for its defense, or you are an exclusive licensee of said rights, or you are an agent or representative of the rights holder and you believe that Content in the App infringes, in any way, your rights, please contact us in order to solve the problem (should it be proved to be an actual issue). Specifically, any copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You should review 17 USC §512(c)(3) prior to sending a notice of copyright infringement hereunder.
We ask that you notify us at the following address describing the alleged infringement on your rights:
1405 Langley Place
McLean, VA 22101
In the notice, please include the following details so that we may identify the problem and determine whether or not there is indeed a conflict with any User-Generated Content and the allegedly violated rights:
a. Identification of the exact Content, as specifically as possible, and the rights allegedly violated by our Service;
b. Description of the location where the Content believed to violate your rights can be found, as specifically as possible. Include a URL, which, when available, greatly facilitates and speeds up the process;
c. In order to communicate with you and send you notifications when necessary, contact information of the claimant person, for example: full name, address, telephone number, and e-mail address;
d. Declaration by the claimant stating that he or she considers, in good faith, that the inclusion or use of the Content in the Service is either unauthorised by its owner or a violation of the intellectual property rights of the claimant or any third party whom he or she legally represents;
e. A statement by you, under penalty of perjury, stating that the information contained in the letter is exact, precise, and true and/or that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
f. A true and authentic signature, either handwritten or electronic, by the holder of the rights allegedly infringed upon by the claimant or by his or her legal representative.
Pursuant to the DMCA, you may be liable for damages, including costs and attorneys’ fees, if you knowingly misrepresent that any material or activity constitutes infringement. Additionally, any information provided in your notice may be provided to the User which allegedly posted the infringing Content.
LINKS TO WEBSITES AND THIRD PARTY SERVICES
This Intellectual Property Policy was last updated December 2016