VIRTUAL GOODS MARKET, INC d/b/a VIXIMO.
COPYRIGHT POLICY
Viximo respects the intellectual property rights of others and we require that our users, virtual goods creators, and virtual goods merchants (collectively "Members") do the same. Members may not upload, post, reproduce, link to, distribute or store material protected by copyright, trademark, trade secret or other proprietary right, or which would violate any right of publicity, right of privacy or other right of any third party, without first obtaining permission of the owner of such right.
Viximo members remain the copyright owner of all material (software and content) that they provide on the community. Use of the material in a manner which is inconsistent with the terms and conditions set forth herein is strictly prohibited. Do not post, give away or sell any item that is not 100% your own unless you have a license to re-distribute. Copyright infringement will not be permitted and may result in the suspension or termination of membership.
Viximo requires Proof of Trademark registration or application before a member may offer any trademarked product for sale on the community (including, but not limited to, by way of advertising images, banners, articles, sales descriptions, title, read me, and licenses). Proof of permission to use is also required in any case where any right of publicity, (such as in the case of famous actors and professional athletes,) right of privacy (such as in the case ordinary citizens,) or any other proprietary right of any third party is used by Viximo Members in material uploaded to, posted on, reproduced on, linked to, distributed via, or stored on the community. Members will promptly provide Viximo with verification of any such permission upon Viximo's request.
Viximo's Policy Concerning Claims of Copyright Infringement
Viximo adheres to the Digital Millenium Copyright Act (DMCA) and other applicable intellectual property laws. If you believe that any material on www.Viximo.com ("the Website")or distributed through Viximo's Virtual Gifting Service infringes a copyright that you own or control you may file a Notification of Claimed Infringement with our Designated Agent.
Copyright Notification - Official Notification of Claimed Infringement
Any notification of claimed infringement ("Notification") must be submitted in writing to Viximo's Designated Agent by email, fax or regular mail. Notifications that comply with the DMCA will assist us in quickly responding to your request. Please include the following information in your written Notification:
1. Provide information such as your name, address, phone number, and/or email address, which will allow Viximo to contact you in writing.
2. Identify the copyrighted work that you believe has been infringed or, if you believe multiple copyrighted works have been infringed, a representative list of such works.
3. Identify the material, activity or product that you claim is infringing the copyrighted work(s) listed in your response to No.1 above, and provide information reasonably sufficient for us to locate the material, such as the URL.
4. Include the following statement: "I have a good faith belief that use of the material set forth above is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "The information in the notification is accurate, and I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. Apply your physical or electronic signature to the Notification.
7. Send the written Notice to Viximo's Designated Agent.
Failure to include all of the above-listed information in your Notification may result in a delay of the processing of your request or our inability to process your request at all. If you knowingly materially misrepresent that the challenged product is infringing your copyright(s) you may be liable for damages, including costs and attorney's fees incurred by Viximo and/or the alleged infringer. If you have any question that the challenged product infringes your intellectual property rights, please consult with an attorney.Designated Agent
Viximo has designated an agent to receive notifications of claimed infringement. Viximo's Designated Agent for notifications of claimed infringement can be reached as follows:
By Mail:
Sheila Chiodo, Director of Human Resources
Viximo, Inc.
1 Camp Street
Suite 1
Cambridge, MA 02140
By Phone: 617-583-5671
By Fax: 617-583-5675
By Email: copyrights@viximo.com
Notice & Takedown
Upon receiving a notification of claimed infringement ("the Notification") that includes the information set forth above Viximo will, within 2 business days of receipt of such Notification, suspend the availability of the challenged product on www.Viximo.com and on Viximo's Virtual Gifting Service and suspend any payment otherwise due the merchant of the challenged product.
Promptly after receiving a Notification, Viximo will send an email communicating the Notification to the affected member, or to the merchant of the challenged product and notifying the merchant that Viximo has suspended the availability of the challenged product in Viximo's Virtual Gifting Service and suspended any payment otherwise due the merchant of the challenged product.
The merchant of the challenged product may then respond by submitting a counter notification to Viximo's Designated Agent.
Counter Notification
A Counter Notification that complies with the DMCA ("Counter Notification") will assist us to address your request and resolve the matter promptly. Please include the following information in your written Counter Notification:
1. Your name, address, telephone number and email address.
2. Identify the challenged product the availability of which has been suspended and the location, such as the URL, where the material appeared before access to it was suspended.
3. If the address given above is inside the United States, include the following statement: "I consent to the jurisdiction of the Federal District Court for the judicial district in which the address given above is located. I will accept service of process from the person who provided notification of claimed infringement or an agent of such person."
If the address given above is outside the United States, include the following statement: "I consent to the jurisdiction of the U.S. District Court for the Northern District of Georgia. I will accept service of process from the person who provided notification of claimed infringement or an agent of such person."
4. Include the following statement: "I swear, under penalty of perjury, that I believe in good faith that the suspension of access to the challenged product was done as the result of mistake or misidentification of the challenged product."
5. Apply your physical or electronic signature to the Counter Notification.
6. Send the written Counter Notification to Viximo's Designated Agent.
Failure to include all of the above-listed information may result in a delay of the processing of your request or our inability to process your request at all. If you knowingly materially misrepresent that the challenged product or activity does not infringe the intellectual property rights of others, you may be liable for damages, including costs and attorney's fees. If you have any question about whether or not the challenged product infringes the intellectual property rights of others as claimed please consult with your attorney.
If no Counter Notification is received from the merchant of the challenged product within the ten (10) day period set forth above, Viximo will delete the challenged product from www.Viximo.com and Viximo's Virtual Gifting Service and reserves the right to withhold any payment otherwise due the merchant of the challenged product. Viximo will review all information to determine if the merchant of the challenged product is to be warned, suspended or have its merchant status permanently removed pursuant to Viximo's Repeat Infringer Policy.
If a Counter Notification which complies with the requirements set forth above is made, the Counter Notification will be forwarded to the Complaining Party and Viximo will inform the Complaining Party that the challenged product will be made available again in the Viximo Stores in 10 business days unless Viximo's Designated Agent first receives notice from the Complaining Party that the Complaining Party has filed an action seeking a court order to restrain the merchant of the challenged product from engaging in infringing activity related to the challenged product ("an Action").
Any notice from the Complaining Party that the Complaining Party has filed an Action should be sent to Viximo's Designated Agent. If Viximo's Designated Agent does not receive such notice from the Complaining Party within 10 business days, Viximo will make the challenged product available again in Viximo's Virtual Gifting Service no later than 14 business days after receiving the Counter Notification.
If Viximo's Designated Agent does receive notice that an Action has been commenced, the challenged product will be deleted fromViximo's Virtual Gifting Service.Viximo shall have the right to withhold any payment otherwise due the merchant of the challenged product and shall also have the right to deposit any amount due the merchant of the challenged product into an escrow account until the Action is final. In the event that the Merchant of the challenged product prevails in the action, the Merchant may resubmit the product to the Virtual Gifting Service by submitting a copy of the judgment or settlement agreement to Viximo's Designated Agent. In the event the Merchant is found liable for infringing the intellectual property rights of the Complaining Party, the Complaining Party may submit a copy of the judgment or settlement agreement to Viximo's Designated Agent for the purposes of Viximo's Repeat Infringer Policy.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Viximo to, in appropriate circumstances, remove the store of any merchant or terminate the membership of any member, deemed to be a repeat infringer. For these purposes, Viximo will count "infringements" and, subject to the terms below, will remove the store of any merchant, or disable the account of any member, who has more than one infringement.
An infringement will arise every time: (1) the merchant or member has been found by a court of competent jurisdiction to have infringed the copyright(s) of one or more third parties; (2) the merchant or member has entered into an agreement acknowledging wrongdoing to settle a claim of copyright infringement; (3) Viximo has actual knowledge, even absent adjudication, that the merchant or member has committed an act of copyright infringement; (4) a valid and uncontested notice has been provided to Viximo alleging facts which constitute a violation of Viximo's Copyright Policy and/or of U.S. Copyright law by the merchant or member; or (5) the merchant or member engages in any other blatant or flagrant infringement(s) of the intellectual property rights of one or more third parties.
Each infringement claim is handled individually. For the purposes of this Repeat Infringer Policy, an infringement may not be counted if the infringement is extremely minor and inadvertent or accidental. In such circumstances, the merchant or member may be allowed to update the challenged product or item in question and may be put on a 30-day probation period. Such probation could include, when appropriate, withholding payment for a month (to cover refunds of a questionable item), requiring a signed upload agreement to be filed in merchant's file at the Viximo office, and longer testing time for new products so the company can review them for copyright concerns. Viximo may remove the merchant's store or disable the member's account if any single act of infringement appears particularly severe and/or intentional. When appropriate, buyers will be notified by email from a Viximo Admin that an item is "questionable" for copyright violations and be offered an update and/or a refund by gift certificate.
In cases in which a single act of infringement appears particularly severe and/or intentional, or when a merchant or member is found to have more than one infringement, Viximo will remove the merchant's Virtual Goods or disable the member's account as soon as practicable (in the ordinary course of business, within one week) and, when appropriate, will notify buyers that the item infringes the intellectual property rights of others and offer the affected buyers a refund by gift certificate. Any payment due the merchant will be forfeited and used for refunds and Viximo's administrative cost for the item's sale and return.
Viximo reserves the right to remove a merchant's Virtual Goods in the Virtual Gifting Service or disable the member's account at its sole discretion. Allegations of infringement may form the basis for such removal and/or disabling. Viximo welcomes communication from all parties concerning the products available in the Virtual Gifting Service and the procedures by which Viximo seeks to protect the intellectual property rights of all parties. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available through the community in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for filing a Notice of Claimed Infringement with Viximo's Designated Agent. Similarly, if you wish to bring to Viximo's attention a judgment of copyright infringement as to one of its merchants or members, you may do so by sending, via registered mail, a copy of such judgment to Viximo's Designated Agent.
Viximo's Policy Concerning False Claims
Under the DMCA, a party who knowingly materially misrepresents that particular material is infringing, or an accused party who knowingly materially misrepresents that particular material does not infringe, may be liable for damages, including costs and attorney's fees incurred by Viximo and the accused merchant or aggrieved copyright holder, as the case may be. If you think but are not sure that certain intellectual property rights are or not being infringed, please consult with your attorney. In addition, repeated copyright notification claims submitted by the same member which are properly refuted by the merchant of the challenged product may form the basis for Terms of Service violation warning and/or disabling of the member's account.
Viximo's Policy Concerning Trademark Claims of Infringement
1. Please contact the Designated Agent using the contact information provided above to officially communicate a potential trademark infringement claim. Proof of Trademark has to be added to the official notice.
2. Upon receiving an official Notification communication via mail or fax, Viximo will remove the product from the Virtual Gifting Service in question within 1 business day. Viximo's business hours are Mon - Fri 9am to 5pm.
3. Emails will be sent to both parties confirming the product's removal from the Virtual Gifting Service.
Proof of Trademark
Proof of Trademark or Patent is any one of the following:
1. Receipt for payment of application: Online application payment receipt, credit card receipt, or cancelled check
2. Letter from attorney with copy of application
3. Searchable serial number
4. Searchable word mark.
Documentation has to be printable to place in the Contributor's file.