Intellectual Property

Intellectual Property

Monday, April 8, 2019

Whereas in consideration of the rights granted to a person or entity for protecting their lawful intellectual property, the “User” willfully and voluntarily enters into with Colletti Tech LLC (herein “Colletti Tech”), this Policy of Intellectual Property; hereinafter “Intellectual Property Policy”, “IP Policy”, “Digital Millennium Copyright Act Policy”, “DMCA Policy”, “Property”, “Copyright”, “Trademark”, “Resisted Mark”, “Service Mark”, “IP”, and “DMCA” or in short, “Policy”. The definition of a “User“, for this agreement, shall hereinafter be all “Persons”, “Entities”, “Customers”, “Employees” and “Members” with an account for purchased products and services. Colletti Tech LLC and the User shall be collectively referred to as the “Parties“. Under this policy, the Service Provider shall establish and enforce necessary practices to protect the registered owner and such original pieces.

Section 1: Guarantee of Consent
Herein transmitting, storing, externally linking, or use in any capacity of Intellectual Property, the User shall imply their guarantee. Set forth, all Users hereinafter guarantees to Colletti Tech, that the ownership or owner consent is in writing, valid and effective in force for use of such property. Furthermore, the practices and enforcement of the rights granted to persons and entities, shall be pursuant to the Copyright Act of 1976 and Digital Millennium Copyright Act of 1998 (“DMCA”), codified as statue 17 U.S.C. §§ 101-1332.

Section 2: Limitation on Exclusive Rights; Fair Use
Hereof the codified statutes of 17 U.S.C. § 107, the limitation on exclusive rights may be enforced. Fair Use of a copyrighted work, including such use by reproduction in copies or photo-records or by any other means specified, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright.

Section 3: Notices of Infringement

(a) Electronic or physical signature of the copyright owner, trademark owner, or person authorized to act on behalf of the owner;
(b) Detailed description of the material that you claim has been infringed upon:

(i) Copyright: identify and describe the copyrighted work, and provide a URL where we can see an example of the copyrighted work;
(ii) Trademark: include the basis for your claim, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction, and the description of goods and/or services for which you claim rights.

(c) Identification of the claimed infringing material, including but not limited to the URLs of such material on Colletti Tech LLC and affiliate’s applications, hardware, software, websites, or services;
(d) Legal Name, Address, Phone Number, Email Address, Photo Identification and such information of the copyright or trademark owner; including the Legal Name, Title, Address, Phone Number and Email Address of authorized person to act on behalf;
(e) Statement of “good faith“, that belief of the claimed infringing material is not authorized by the copyright or trademark owner, its agent, or under federal laws; and
(f) Statement under penalty of perjury of the law, that all information provided in your claim notice is accurate, true and you are the copyright or trademark owner or authorized to act on behalf of the owner.

(a) Electronic or physical signature of the copyright owner, trademark owner, or person authorized to act on behalf of the owner;
(b) Detailed description of the material that was disabled or removed, including the last known location of where such material was served;
(c) Legal Name, Address, Phone Number, Email Address, Photo Identification and such information of the copyright or trademark owner; including the Legal Name, Title, Address, Phone Number and Email Address of authorized person to act on behalf; and
(d) Statement under penalty of perjury of the law, that such material removed was in error or misidentified and your claim counter-notice is accurate, true and you are the copyright or trademark owner or authorized to act on behalf of the owner.

Section 5: Repeat of Infringement
Upon any circumstance of a Repeat Notice or Infringement by the same person or entity, it shall result in Termination for Cause by Colletti Tech of such account. Furthermore, any request to reinstate or open an account shall be refused for Intellectual Property infringement.

Section 6: Termination for Cause
Notwithstanding any circumstance, Colletti Tech shall immediately enforce a Termination for Cause of the Client Account if reasonable doubt or probable cause that a violation of an Agreement, Policy or Law within any jurisdiction as they may exist from time-to-time. Upon such termination, all access and permissions of the User Account associated with the Client shall be revoked; including the securing of data also associated with the Client to comply with the statues of 17 U.S.C. § 512 and lawful subpoenas. Hereof an account terminated, Colletti Tech shall issue a Demand Note to recover all applicable fees and legal costs of a violation. No refund of any payment for any period in which the termination of services has occurred shall be authorized upon a Termination for Cause. Furthermore, Colletti Tech shall not have obligation to disclose any investigation findings, not liable to backup data, not liable to transmit user data, or such data from such services upon termination of an account.