Intellectual property policy
The Platform is firmly committed to respecting the intellectual property rights of third parties and requires its users to do the same. The Terms and Conditions of use of our Platform expressly prohibit posting, sharing or transmitting any content that infringes or violates copyright, registered trademarks, or any other intellectual property right belonging to third parties.
Copyright grants legal protection to the creators of original works, including but not limited to musical, visual and literary works. The Platform prohibits the use of content that infringes the copyright of third parties, except in cases where it is permitted by legal exceptions.
The Platform will take measures such as the removal of infringing content and, in cases of repeat infringement, the suspension or cancellation of accounts. A mechanism is provided for rights holders to report infringements, with a warning about the legal consequences of making false accusations, through our User Guide for handling complaints.
Users are granted a limited, non-exclusive, non-sublicensable (except to authorized service providers) and non-transferable license to access and use the Platform solely in accordance with the Terms and Conditions of use and other applicable policies, with no rights of sale, transfer or sublicensing.
The Platform fully acknowledges and respects the intellectual property rights and image rights in all content posted by users on our social network. By posting, sharing or uploading any type of content (including but not limited to text, images, videos and audio), the user retains all of their intellectual property rights and image rights in that content. Under no circumstances will the Platform claim ownership, copyright, image rights or any other intellectual property right in the content posted by users. However, by using our Platform, the user grants the Platform a limited, revocable, non-exclusive and royalty-free license to host, use, distribute, modify (solely to adapt it to technical or format requirements), reproduce and publicly display that content exclusively for the purpose of operating, promoting and improving our services, and developing new services within the platform. This license does not allow the Platform to edit, commercially exploit, sell or assign the content to third parties without the explicit consent of the rights holder.
Users must avoid infringing third-party rights and must obtain all the rights required for the content they share. This includes establishing appropriate procedures for handling infringement notices and complying with the laws relevant to content provided by users or third parties.
Infringement of registered trademarks on the Platform is prohibited.
Claims Process for Intellectual Property Rights
Purpose:
To establish a clear and efficient procedure for handling claims relating to the infringement of intellectual property rights in the content posted by users on our platform.
Steps in the Process:
Filing the Claim
- Claimant: Any person or entity that believes their intellectual property has been infringed may file a claim.
- Claim Form: The claimant must complete a claim form available on the platform, providing all the necessary information:
- Identification of the infringing content (link or detailed description).
- Description of the material protected by intellectual property rights.
- Proof of ownership of the intellectual property rights.
- Contact details of the claimant.
Receipt and Logging
- Moderation Team: The moderation team receives the claim and records the details in a claims management system.
- Acknowledgement of Receipt: An acknowledgement of receipt is sent to the claimant, stating that their claim is being processed.
Initial Review
- Verification of Information: The moderation team verifies the information provided to ensure that the claim is complete and valid.
- Preliminary Assessment: A preliminary assessment is carried out to determine whether the claim has apparent grounds.
Notice to the User
- Infringing User: If the claim has grounds, the user who posted the infringing content is notified.
- Details of the Claim: The notice includes the details of the claim and asks the user for a response or evidence that no intellectual property right has been infringed.
Assessment of the Response
- User's Response: The user has a set period, 7 business days, to respond to the notice.
- Review of Evidence: The moderation team reviews any evidence or response provided by the user.
Final Determination
- Decision: Based on the review of the claim and the user's response, the moderation team takes a decision:
- Infringing Content: If the content is found to infringe intellectual property rights, it is removed.
- No Infringement: If no infringement is found, the content remains on the platform.
- Notice of Decision: The claimant and the user are notified of the final decision and the actions taken.
Corrective and Preventive Actions
- Removal of the Content: The infringing content is removed from the platform.
- Penalties: In the event of repeated infringements, additional penalties may be imposed on the user, such as account suspensions or restrictions.
- Policy Improvements: The platform's policies are reviewed and improved to prevent future infringements.
Logging and Documentation
- Claims Log: All claims and decisions are logged and documented for future reference and audits.
- Periodic Reports: Periodic reports are produced on the status and nature of the claims received.