Copyright (DMCA) Notification and Counter-Notification Process

Each user is responsible for ensuring that the materials they upload to the Zapnito Network (the “Website”) do not infringe any third party copyright.

Zapnito will promptly remove materials from the Website and Zapnito Service in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Zapnito may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

1. Filing a DMCA Notice to Remove Copyrighted Content (for Copyright Holders)

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. Your name, address, telephone number, and email address (if any);
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where on the Website or on the Zapnito Service (including the URL address) the material that you claim is infringing may be found, with enough information to enable Zapnito to locate the material;
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and,
  6. Your electronic or physical signature.

You can submit the notice using either of these options:

2. Restoration of Removed Content (for Zapnito Users); Filing a DMCA Counter-Notification to Restore Removed Content

If you believe that your material has been removed by mistake or misidentification, please provide Zapnito with a written counter-notification containing the following information:

  1. Your name, address, and telephone number;
  2. A description of the material that was removed and the location on the Website or Zapnito Service (including the URL address) where it previously appeared;
  3. 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. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Zapnito may be found (which includes the United States District Court for the Northern District of California), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and,
  5. Your electronic or physical signature.

You can submit the notice using either of these options:

Please note that we will forward any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.

3. Repeat Infringer Policy

Zapnito will terminate user accounts that have been the subject of three (5) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Zapnito will treat the underlying DMCA notice as withdrawn.

Zapnito reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or wilfully disregarding Zapnito’s Terms of Service.

4. Warning

In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, A PERSON MAY BE SUBJECT TO LIABILITY FOR KNOWINGLY MAKING A MATERIAL MISREPRESENTATION IN REGARDS TO A DMCA NOTICE OR COUNTER-NOTIFICATION.

Zapnito may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

5. Zapnito’s Copyright Agent

You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Zapnito’s Copyright Agent:

Zapnito Ltd, 18-20 Scrutton Street, London, EC2A 4RX, UK

Attn: Legal Dept. Copyright Agent

legal@zapnito.com

6. General Provisions

GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. You agree that any claim or dispute you may have against Zapnito shall be resolved exclusively by a state or federal court located in San Francisco County, California. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes. In any such action, Zapnito and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Zapnito in exercising any right hereunder will waive any further exercise of that right. Zapnito’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Zapnito’s prior written consent. No third party shall have any rights hereunder.

NOTICES. Any notices required or allowed hereunder shall be in writing and shall be given by any reasonable method of delivery, including, but not limited to, personal delivery, U.S. mail, private delivery service, facsimile, or e-mail. Personal delivery and delivery by U.S. mail or private delivery services shall be effective if sent to the addresses set forth below, or such other address as may be furnished in writing by any party to the other. Delivery by email shall be effective if sent to the e mail addresses set forth below, or such other e-mail address as may be furnished in writing by any party to the other. Receipt of any notice given shall be the date of delivery if delivered in person or by private delivery service, or, if mailed, upon the earlier of receipt or three days from the date of postmark. Receipt of any notice given by e-mail shall be the date of the email transmission.

You consent to receive all communications including notices, agreements, disclosures, or other information from Zapnito electronically. Zapnito may provide all such communications by email or by posting them on the Website. For support-related inquiries, you may send an email to support@zapnito.com. You may send notices of a legal nature to Zapnito at legal@zapnito.com or the following address:

Zapnito Ltd, 18-20 Scrutton Street, London, EC2A 4RX, UK
Attention: Legal Dept.

Nothing herein shall limit Zapnito’s right to object to subpoenas, claims, or other demands.

MODIFICATION. This Agreement shall not be modified except by a revised Terms of Service posted by Zapnito on the Website or a written amendment signed by an authorized representative of Zapnito. A revised Terms of Service will be effective as of the date it is posted on the Website or the date of the signed written amendment.

ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between Zapnito and you concerning the subject matter hereof and supersedes all prior agreements.