CREATION WORKS USE POLICY
This document (the “Policy”) sets forth the design and development rules for Creation Works (as defined in the End User License Agreement). This Policy has been put in place to ensure the integrity of MindCoord Inc.’s intellectual property, to clarify the terms relating to ownership and use of Creation Works, and to help promote an enjoyable using environment for all of our users.
Everyone can use Portalhiker’s copyright management tool, which allows copyright owners to control their copyrighted materials on Portalhiker. We will work with copyright owners to provide them with appropriate features based on the scale of their copyrighted content on Portalhiker and their commitment to responsible online management of the content. Our copyright management suite provides multiple copyright claims methods for rights owners.
Report copyright infringement Webform
The simplest way to have unauthorized copies of copyrighted content removed is by manually submitting a copyright notification through our Report copyright infringement webform. This tool is best for most users – it is open to everyone and available in every language.
Action Portalhiker takes for copyright infringement
If a copyright owner submits a valid Report copyright infringement Webform complaint through our webform, we take down that video and apply a copyright strike. If a user gets three copyright strikes in 90 days, their account, along with any associated channels, will be terminated. We also have tools to help Creators resolve their copyright strikes – including waiting for it to expire after 90 days, requesting a retraction, or submitting a Counter-Notification.
Copyright Infringement Counter-Notification
If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification.
Here are a few things to keep in mind before submitting a counter-notification:
Counter notifications must be submitted by the video’s original uploader or an agent authorized to act on their behalf, such as an attorney.
Only submit a counter-notice if your video was taken down due to a mistake or misidentification of the content, including fair use. Don’t submit counter notifications for any other reasons.
If your video was taken down for alleged copyright infringement but doesn’t fit the criteria above, you can wait for your copyright strike to expire, usually after 90 days. You can also reach out to the copyright owner directly to get a retraction of the copyright infringement.
If your account has been suspended for multiple copyright violations, the counter-notification action will be unavailable to you. If appropriate, you can submit a free-form counter-notification.
The counter-notification must include the following:
Your contact information, including your full legal name (not that of a company), an email address, a physical address, and a phone number. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship with the uploader.
Identify the location, including any URL, of the work that has been removed or disabled.
You must agree to and include the following statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which portalhiker is located, and will accept service of process from the claimant.”
And the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Your physical or electronic signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your electronic counter-notification.
Submit the above information to us:
By Email: firstname.lastname@example.org
Principle of Mutual Benefit
Mindcoord Inc. reserves the right to make official recommendations for your Creation Works as appropriate to help you and your Creation Works to become more famous. To better help you publicize and expand your influence, Mindcoord Inc. has the right to use part of the content of Creation Works to conduct free publicity and promotion in various channels, to improve the popularity of the works.
Creation Works should be usable for all users
Creation Works developers may not develop Creation Works that include a mechanism that allows the developer to limit access to the Creation Works to certain users.
Use of Third Party Content in Creation Works
You represent and warrant that neither the content you use to create or incorporate into any Creation Works nor the compilation, arrangement, or display of such content (collectively, the “User Content”), infringes or will infringe any copyright, trademark, patent, trade secret or another intellectual property right of any third party.
You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, or otherwise objectionable or inappropriate. If MindCoord Inc. learns of the existence of a third party claim related to Creation Works, MindCoord Inc. reserves the right to remove or block the Creation Works from any MindCoord Inc. owned platform.
You should only upload works that you make or have the right to use (e.g. videos, pictures, music, models, etc.). This means that you should not upload items that have not been made, nor should you use content from videos that others own copyrights, such as music, copyrighted program clips, or videos made by other users without the necessary authorization.
Commercial Exploitation of Creation Works
Unless otherwise authorized by MindCoord Inc. in writing, Creation Works developers cannot develop Creation Works for profit. Accordingly, a Creation Works cannot be sold, licensed, or rented by any party other than MindCoord Inc., nor can the Creation Works contain features that would support purchase transactions of any tangible or intangible content.
The ownership of the materials used to generate Creation Works in Portalhiker, including but not limited to text, images, expressions, portraits, dynamic pictures, music, animation, 3D assets, etc., belongs to the party who created the materials.
To protect the Fair Use (A U.S. law that allows the reuse of copyright-protected material under certain circumstances without getting permission from the copyright owner, determined on a case by case basis, and different countries have different rules about when it’s okay to use material without the copyright owner’s permission. In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use depending on the situation.) of materials, as well as to enhance the popularity of you and your works, helping you obtain better market revenue and sales share, according to the agreement and market demand of this Policy, you agree that hereby assign to Mindcoord Inc. all copyrights in the content of all your Creation Works, which means you can enjoy all the rights mentioned as follows of videos that can be played on ordinary video players:
1. right of publication, namely, the right to determine whether a work is made public;
2.right of acknowledgment, namely, the right to state the identity of the author on the work;
3.right of revision, namely, the right to revise or authorize another party to revise work;
4.right of reproduction, namely, the right to produce a copy or more than one copy of a work by such means as printing, copying, dubbing, sound recording, videotaping, plicating, or photographically reproducing;
5.right of distribution, namely, the right to supply the original or copies of a work to the public using sale or donations;
6.right of the exhibition, namely, the right to publicly exhibit the original or copies of artwork or photographic work;
7.right of performance, namely, the right to publicly perform work and to use various media to publicly broadcast the performance of a work;
8.right of broadcasting, namely, the right to publicly broadcast a work over the radio, to broadcast or transmit broadcasted works to the public over a wired broadcasting station, or to broadcast works to the public by an audio amplifier or other means of transmitting symbols, sound, or images;
9.right of translation, namely, the right to convert the written text of a work from one language to another;
10.right of compilation, namely, the right to select or arrange works or extracts of works to be compiled into a new work;`
11.right of licensing the above rights to others.
Incorporation of the MindCoord Inc. End User License Agreement
The terms and conditions of the MindCoord Inc. End User License Agreement are specifically incorporated into this Policy by this reference. If the terms of this Policy conflict with the terms of the MindCoord Inc. End User License Agreement, the terms of this Policy shall supersede and govern over any such conflicting terms in the MindCoord Inc. End User License Agreement. MindCoord Inc. has the right to interpret and modify this Policy.