Copyright & DMCA Policy

1. Overview

1.1 Our Commitment

Spotz is committed to protecting intellectual property rights and complying with copyright laws, including the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We take copyright infringement seriously and will respond expeditiously to valid notices of copyright infringement.

1.2 What This Policy Covers

This Copyright & DMCA Policy explains:

• Your responsibilities regarding copyrighted content
• How to report copyright infringement on Spotz
• Our process for handling DMCA takedown notices
• How to submit a counter-notification if your content was removed
• Our policy on repeat infringers
• Information about trademark protection

1.3 Scope

This policy applies to all content on Spotz, including:

• User-uploaded photos and videos
• Location descriptions and reviews
• User profiles and bios
• Comments and messages
• Collections and lists
• Any other user-generated content

2. Respecting Copyright

2.1 What Is Copyright?

Copyright is a form of legal protection for original works of authorship, including:

• Literary works (text, descriptions, reviews)
• Photographs and images
• Videos and audiovisual works
• Graphic designs and artwork
• Musical compositions and recordings
• Architectural works

Copyright protection arises automatically when an original work is created and fixed in a tangible form. Registration with the U.S. Copyright Office provides additional benefits but is not required for protection.

2.2 What Copyright Protects

Copyright gives the owner exclusive rights to:

• Reproduce the work
• Create derivative works
• Distribute copies
• Publicly display or perform the work
• Authorize others to exercise these rights

2.3 What Copyright Does Not Protect

Copyright does not protect:

• Ideas, concepts, or facts (only the expression of ideas)
• Titles, names, short phrases, and slogans (may be protected by trademark)
• Works in the public domain
• Government works (generally)
• Works created before 1928 (generally)

2.4 Fair Use

Fair use is a legal doctrine that permits limited use of copyrighted material without permission for purposes such as:

• Criticism and commentary
• News reporting
• Teaching and scholarship
• Research
• Parody

Fair use is determined on a case-by-case basis considering four factors:

1. Purpose and character of the use (commercial vs. educational)
2. Nature of the copyrighted work
3. Amount and substantiality of the portion used
4. Effect on the market value of the original work

3. User Responsibilities

3.1 Only Upload Content You Own or Have Rights To

When you upload or post content on Spotz, you represent and warrant that:

• You own all rights to the content, OR
• You have obtained all necessary permissions and licenses, OR
• Your use is covered by fair use or another legal exception

3.2 Prohibited Activities

You may NOT:

• Copy Text: Copy descriptions, reviews, or text from websites, guidebooks, or other sources
• Use Others' Photos: Upload photos you didn't take without explicit permission
• Download and Repost: Save and repost images from other users or websites
• Screenshot Content: Take screenshots of others' content and post as your own
• Ignore Watermarks: Remove or crop out watermarks or attribution
• Violate Licenses: Use content in ways that violate its license terms

3.3 Proper Attribution

If you have permission to use someone else's work:

• Clearly credit the original creator
• Include a link to the original source if possible
• Respect any conditions of the license or permission
• Don't imply that you created the work

3.4 License You Grant to Spotz

When you post content on Spotz, you grant us a license to use it as described in our Terms of Service. However, this doesn't transfer ownership – you retain all rights to your content.

3.5 Consequences of Infringement

If you post infringing content:

• Your content will be removed
• You may receive a warning
• Repeat violations may result in account suspension or termination
• You may be liable to the copyright owner for damages
• In serious cases, criminal prosecution is possible

4. Filing a DMCA Takedown Notice

4.1 Before You File

Before submitting a DMCA notice, please consider:

• Verify Infringement: Ensure the content actually infringes your copyright
• Consider Fair Use: The use might be protected by fair use or another exception
• Identify Correctly: Make sure you're identifying the right content and user
• Direct Contact: Consider contacting the user directly to resolve the issue

4.2 Who Can File a DMCA Notice

DMCA notices must be filed by:

• The copyright owner, OR
• An authorized agent acting on behalf of the copyright owner

4.3 Required Elements

A valid DMCA notice must include ALL of the following:

1. Your Contact Information:
   • Full legal name (individual or company)
   • Mailing address
   • Phone number
   • Email address
2. Identification of Copyrighted Work:
   • Describe the copyrighted work you believe has been infringed
   • If multiple works, provide a representative list
   • Include copyright registration number if available
3. Identification of Infringing Material:
   • Provide the URL or specific location of the allegedly infringing content on Spotz
   • Be as specific as possible (e.g., direct link to the post, photo, or review)
   • If multiple instances, provide all URLs
4. Good Faith Statement:
   • A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
5. Accuracy Statement:
   • A statement, under penalty of perjury, that the information in your notice is accurate
   • A statement that you are the copyright owner or authorized to act on behalf of the copyright owner
6. Physical or Electronic Signature:
   • Your physical signature, or
   • An electronic signature (typing your full legal name counts)

4.4 DMCA Notice Template

You may use the following template:

4.5 How to Submit

Send your completed DMCA notice to our designated Copyright Agent:

4.6 Our Response Process

5. Filing a Counter-Notification

5.1 When to File a Counter-Notice

If your content was removed due to a DMCA notice and you believe the removal was improper, you may file a counter-notification if:

• You have the right to post the content (you own it or have permission)
• Your use is protected by fair use or another legal exception
• The copyright claim is invalid or incorrect
• The material was misidentified

5.2 Required Elements

A valid counter-notification must include ALL of the following:

1. Your Contact Information:
   • Full legal name
   • Mailing address
   • Phone number
   • Email address
2. Identification of Material:
   • Identify the material that was removed and where it appeared before removal
   • Include the URL if you have it
3. Good Faith Statement:
   • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
4. Consent to Jurisdiction:
   • A statement that you consent to the jurisdiction of the federal court in the district where you live (or if outside the US, where Spotz is located)
   • A statement that you will accept service of process from the person who filed the original DMCA notice or their agent
5. Physical or Electronic Signature:
   • Your physical signature or electronic signature (typing your full legal name)

5.3 Counter-Notice Template

5.4 What Happens Next

6. Repeat Infringer Policy

6.1 Our Policy

Spotz has a policy of terminating, in appropriate circumstances, users who are repeat copyright infringers. This policy is required by the DMCA and helps protect intellectual property rights.

6.2 How We Identify Repeat Infringers

We consider the following factors:

• Number of valid DMCA notices received for a user's content
• Frequency and severity of violations
• Whether the user has received prior warnings
• Whether counter-notices were filed (and their outcomes)
• The user's response to removal notices
• Whether violations appear deliberate or negligent

6.3 Progressive Enforcement

Typically, we follow this progression:

• First Violation: Content removed + warning
• Second Violation: Content removed + final warning + temporary suspension
• Third Violation: Account termination

However, we reserve the right to terminate accounts immediately for egregious or repeated willful infringement.

6.4 Account Termination

When an account is terminated for repeat infringement:

• The user is permanently banned from Spotz
• All user content is removed
• No refunds are provided for premium subscriptions
• The user may not create new accounts

6.5 Appeals

If you believe your account was terminated in error, you may appeal by emailing copyright@spotz.app with evidence that the termination was improper. Appeals are reviewed on a case-by-case basis.

7. Limitations & Disclaimers

7.1 No Duty to Monitor

Spotz is not obligated to monitor content for copyright infringement. We rely on copyright owners to notify us of infringement through proper DMCA notices.

7.2 No Judgment on Validity

By removing content in response to a DMCA notice, Spotz does not make any judgment about the validity of the claim. Removal does not constitute an admission that the content was infringing.

7.3 Not Legal Advice

This policy provides information but does not constitute legal advice. If you have questions about copyright law, fair use, or your rights and obligations, consult with a qualified attorney.

7.4 DMCA Safe Harbor

Spotz qualifies for safe harbor protection under 17 U.S.C. § 512 of the DMCA. This means that, as a service provider, we are not liable for copyright infringement by our users if we comply with DMCA requirements, including:

• Designating a DMCA agent
• Responding expeditiously to valid notices
• Implementing a repeat infringer policy
• Not having actual knowledge of infringement

7.5 International Copyright

This policy focuses on U.S. copyright law and the DMCA. Copyright laws vary by country. If you're outside the United States, your local copyright laws may differ. International copyright treaties provide some harmonization, but you should consult local law for specific requirements.

8. Trademark Policy

8.1 Trademark Protection

In addition to copyright, Spotz also respects trademark rights. Trademarks protect brand names, logos, slogans, and other identifiers that distinguish goods and services.

8.2 Prohibited Trademark Uses

You may not:

• Use another company's trademark in a way that causes confusion about endorsement or affiliation
• Create profiles or accounts impersonating businesses or brands
• Use trademarked logos without permission
• Sell counterfeit goods or advertise fake products
• Use trademarks in domain names or usernames to mislead

8.3 Permitted Uses

You may generally:

• Use business names when reviewing or discussing them
• Post photos that incidentally include trademarked logos
• Make truthful statements about your experience with a brand
• Use trademarks for nominative fair use (to refer to the actual brand)

8.4 Reporting Trademark Infringement

If you believe your trademark is being infringed, email legal@spotz.app with:

• Your contact information
• Description of your trademark and registration details (if registered)
• URL of the allegedly infringing content
• Explanation of how the use infringes or causes confusion
• Statement of good faith and accuracy
• Your signature

Trademark claims are evaluated differently than copyright claims and do not follow the DMCA process.

9. Contact Information

9.1 Copyright & DMCA Inquiries

For copyright-related matters, DMCA notices, counter-notices, or questions about this policy:

9.2 Trademark Inquiries

For trademark-related matters:

• Email: legal@spotz.app

9.3 General Legal Inquiries

For other legal matters:

• Email: legal@spotz.app
• Mail: Spotz Legal Department, 123 Discovery Lane, San Francisco, CA 94102

9.4 Response Times

• DMCA Notices: 1-3 business days
• Counter-Notices: Processed immediately upon receipt, forwarded within 1 business day
• General Copyright Questions: 5-7 business days
• Trademark Issues: 7-10 business days