Intellectual Property Policy | Action Zone Tampa

Action Zone companies’ Intellectual Property Policy

(DMCA and General IPR take down notice process)

At Action Zone, we respect our community and intellectual property, and we expect our users to do the same. This policy explains how we, as the service provider of the Action Zone sites, address allegations of intellectual property infringement against content uploaded to our platform, and how copyright owners and authorized parties can submit valid notices of intellectual property infringement regarding this content. As allegations of intellectual property infringement are made against the content, this policy also explains how Authors can respond when a DMCA takedown notice has been issued against their items. This policy forms part of the Action Zone terms of use.

What are your options if you think your content is being used without your permission?

Contact Action Zone at admin@actionzonetampa.com and describe who you think might be breaching intellectual property rights.
If you’re a copyright owner, or have the authority to act on behalf of a copyright owner, then you may consider sending us a DMCA takedown notice requesting we take down content uploaded by an Contributor.
Submit a General IPR Notice. If you’re an IPR owner (other than copyright), including trademark owners, or have the authority to act on behalf of the IPR owner, then you may consider sending us a General IPR notice requesting we take down content uploaded by an Contributor.

How to Contact us

Our designated copyright agent to receive copyright claims is Action Zone, Inc. and can be reached at admin@actionzonetampa.com. Please address DMCA takedown notices and General IPR notices and communications to Action Zone, Inc. You can also mail the notice to Action Zone Copyright Agent, Action Zone, Inc., P O Box 5842, Tampa, FL 33675 or email to admin@actionzonetampa.com.

How to submit a DMCA takedown notice

If you believe someone is using your copyright content without permission, you can use the Digital Millennium Copyright Act (DMCA) process by sending us a DMCA takedown notice. As the service provider of the Action Zone platform, we act promptly when we receive valid DMCA takedown notices.

Please make sure you understand what rights you are claiming before you submit a DMCA takedown notice because it is a serious legal document. Consider whether you need legal advice. It's really important not to make false claims as this could have serious legal consequences.

If the DMCA takedown notice is not in a valid format we will ask you to resubmit with the missing information.

For us to action a DMCA takedown notice it must be in a valid format, which means it must include the information set out at points 1-5 below.

Explain the content in the item that you claim infringes your copyright, including a description and where we can find it - include the URL;
Explain your copyrighted content and let us know where we can see this published - include the URL;
Give us a detailed explanation about how you believe the content violates your copyright;
Include your full name and contact details, including your address, phone number and email address;
Include the following two statements:

"I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." AND
"I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

By law, you need to sign and date your DMCA take down notice. If you send us the information via email, please note to sign a physical document you'll need to scan the document and attach it to the email.

We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person, who is the Contributor of the item you have identified, can submit a DMCA counter-notification if they disagree with your DMCA takedown notice, and they might contact you directly using your contact details.

The content in the Contributor’s item in question will generally be disabled from Action Zone’s sites when we receive a DMCA takedown notice, so we recommend that before you issue a DMCA takedown notice, you screenshot any relevant pages including the Contributor profile page and relevant site pages for your records. If we receive a counter-notification and you have not confirmed to us that you've filed court proceedings against the Contributor within 10 business days, we will re-enable the content within 14 business days of receiving the counter-notification.

How to submit a General IPR notice

As the DMCA process only applies to copyright, we have a similar process for other claims (General IPR Notices). If you believe that content on our site(s) is/are using content that is protected by another form of Intellectual Property Right, such as a trademark, we ask you to send us a General IPR Notice that contains detailed information about your claim.

If the General IPR Notice is not in a valid format we will ask you to resubmit with the missing information.

For us to action a General IPR Notice it must be in a valid format, which means it must include the information set out at points 1-4 below.

Tell us about the content in the item that you claim infringes your rights, including a description and where we can find it - include the URL;
Tell us about the rights you claim, the basis of the ownership claim, and where we can see evidence of your right - include the URL. If you're claiming a trademark right include the trademark registration number, country and class of registration;
Give us a detailed explanation about how you believe the content violates your claimed right; and
Include your full name and contact details, including address, phone number and email address.

You need to sign and date your notice. If you send us the information via email please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the email.

We will respond appropriately depending on what your claim is about. We may ask for more information and send a copy of your claim to the content contributor. The contributor might contact you directly using the details you've provided.

If you've been sent a General IPR Notice, or another type of complaint has been made about your item:

Complaints about the use of IPRs can cover a wide range of issues. If we send you a General IPR notice, or tell you that another type of complaint has been made, we'll generally ask you some specific questions about the complaint and the content or let you know what else is needed.

What to consider if you’re an Action Zone member and you've been sent a DMCA takedown notice

If you receive a DMCA takedown notice, you can consider whether you think the claims made in the notice are valid. You might choose to seek legal advice, especially if you're not sure whether there is any legal validity to the claim.

You can choose to accept a DMCA takedown notice - if so your content will be taken down and remain disabled. Or, you can choose to respond to a DMCA takedown notice by sending us a DMCA counter-notification.

Please take care to understand this process because it is possible that the claimant can take legal action against you if you file a counter-notification.

It's really important not to make a false claim, as this could have serious legal consequences. Please seek your own advice if you're not sure about what the counter-notification process means.

If the DMCA counter notification is not in a valid format we will ask you to resubmit with the missing information.

For us to action a DMCA counter notification it must be in a valid format, which means it must include the information set out at points 1-4 below.

Explain the content in your item that has been taken down, including a description and where it was found - include the URL (this is on the original DMCA notice).
Make a formal statement about why you think the content in your item should be reinstated. Include the following words: “I make this statement under penalty of perjury, I have a good faith belief that the content was...[add the reason why the content was not used in an unauthorized way]” (for example “removed or disabled as a result of mistake or misidentification of the content”.
Include your full name and contact details, including your address, phone number, and email address.

If you are a US resident, include a statement that you consent to the jurisdiction of Federal District Court for the judicial district where you live. If you live outside the United States, include a statement that you consent to the jurisdiction of the courts in Florida, USA (where Action Zone is based), and the courts located in the United States federal district in which the person who sent the DMCA takedown notice (claimant) lives. Include a statement that you will accept service of process from the claimant or their agent.

By law, you need to sign and date your notice. If you send us the information via mail, please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the email.

We'll send a copy of the DMCA counter-notification to the person who sent the DMCA takedown notice (claimant), then wait 10 business days. Unless the claimant sends us a notice that court proceedings have been filed against you within the 10 business days, we'll then reinstate the content within 14 business days from when we received the counter-notification.

How does Action Zone, as a platform, manage IP complaints? What’s Action Zone’s role?

Action Zone acts as the service provider of the Action Zone Market platform. The items on our sites may include comments, examples, resources and other collateral for general distribution to the members of the site,. When we receive claims about unauthorized use of content within the Action Zone site(s), depending on the circumstances and who has made the claim, we can apply the DMCA law and our processes for other content as already explained.

We will always try to work with everyone involved fairly and in the spirit of our community. Unfortunately we can't help you by giving you legal advice. We can't make legally binding judgments either as we are not a court of law.

We may check content submitted for quality purposes, and while doing so we may identify potential issues with the rights of others, or potential violations of our terms. If this happens we may notify the contributor and let them know that there could be an issue with it. But we are not obliged to review content for intellectual property or other legal matters.

It’s for this reason that you should not assume that we will check content submitted on Action Zone sites for the existence or ownership of copyright. If items appear on Action Zone sites, it does not mean that we have checked and cleared copyright or other intellectual property rights.

What other steps can Action Zone take?

Serious consequences can flow from intellectual property infringement including legal action against infringers. Action Zone prohibits unauthorized use of content by anyone who uses our sites. This policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

If you're an Action Zone members and you receive more than one valid DMCA takedown notice, IPR notice, or we think that you're acting in breach of Action Zone membership terms, we may permanently disable your account. Other violations like the following may also result in your account being disabled:

Submitting items that are not your own creation or that contain component assets that are not yours and that have not been properly licensed or sourced (this includes for use in item previews); or
Uploading an item that is the output of a tutorial.

DMCA takedown notices - Frequently Asked Questions for Action Zone sites

You can find answers you might have in relation to submitting a DMCA takedown notice in relation to a contributor’s item and what to do as a contributor when receiving a DMCA takedown notice. If you need further assistance please contact admin@actionzonetampa.com..

If you believe that content on Action Zone site(s) is infringing your intellectual property rights (including trademark) then you can submit a General IRP Notice to us.

FAQs

I think there may be an infringement of my copyright. What should I do?

Consider whether contacting the content is appropriate. There may be a misunderstanding that you can solve without resorting to the formal processes outlined in the Action Zone Intellectual Property Policy.

Can you give me the contact details of the Contributor who I claim violated my copyright?

Our Action Zone mebers can be contacted through our system by any registered user. It is free to register and the link to a member’s profile page and contact form can be found on the membership directory.

The Action Zone member hasn’t responded to my request or is refusing to remove the content that I think is in violation of my copyright. What now?

You have the option of submitting a DMCA takedown notice to our Customer Success Team. You can find out how to lodge a valid DMCA takedown notice in the Action Zone’s Intellectual Property Policy.

Why do I need to send a DMCA takedown notice?

Only a relevant judicial authority can rule definitively about whether an item infringes copyright. Action Zone is not able to do so. Our role is as the service provider of the Action Zone websites. Upon receipt of a valid DMCA takedown notice, we will remove the item from our platform.

Why does the Contributor who uploaded the item receive a copy of the notice?

A valid DMCA takedown notice should be addressed to the contributor of the item identified in the DMCA takedown notice. We pass on the notice to the contributor. On receipt of the DMCA takedown notice, the contributor may wish to resolve the matter with the complainant, or take further steps such as lodging a counter-notification.

What if the DMCA takedown notice relates to a component of an item?

If the DMCA takedown notice relates to a specific component of an item, the contributor might replace that component, after which the item might be reinstated without a counter notification being filed (as it is no longer the subject of the DMCA takedown notice).

There are potentially serious consequences to filing DMCA takedown notices, particularly inaccurate ones. Obtain your own legal advice as necessary. Do not make false claims, as these could result in penalties for legal damages.

I do not agree that there has been a copyright violation. Can the item be reinstated?

A contributor on Action Zone websites has the option to send Action Zone a counter notification or “put back” notice.

If we receive a valid counter notification, we will send a copy to the person who submitted the original DMCA takedown notice (claimant), then wait 10 business days. Unless we receive a notice from the claimant that they have filed a court proceeding against the contributor within that time, we will then reinstate the item within 14 business days from when we received the valid counter notification.

Contributors should fully understand the obligations they have by submitting a counter notification, because a counter notification can trigger legal proceedings from the claimant about the alleged copyright infringement. Obtain legal advice if unsure about this option.

There may be other situations in which the item can be reinstated, such as where the material in dispute can be removed altogether from the item (e.g. it is one stand-alone component within the item). In such a situation, it may be possible for the contributor to replace the disputed material before re-submitting the item. In that case, contributors would not need to send a counter notification.

If I am an Action Zone member, how can I have my account reinstated?

Account reinstatement is discretionary as we do not want contributors on our site who do not respect intellectual property rights. We will not reinstate accounts of contributors who have received multiple DMCA takedown notices in a valid format (where counter notifications have not been lodged).

Version 1.1 Effective January 1, 2020