This S³ Intellectual Property and DMCA Policy (“Policy”) sets forth additional requirements, guidelines, rights and licenses with regard to our intellectual property and intellectual property of others. This Policy also applies to S³ licensees, developers, Members, customers and other parties wishing to use our intellectual property.
- S³ Intellectual Property
The S³ name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of S³ Balance, LLC and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained in the S³ Service or this Policy should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent.
- 2. Authorized Use of S³ Intellectual Property
- S³ Content and Trademarks. Only S³ and its authorized licensees may use the Content and/or Trademarks in advertising, promotional and marketing assets or materials or for any other commercial purpose.
Any permitted use must at all times be made in accordance with the agreement between licensee and S³ and must adhere to the following requirements:
- The Content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to changing the color, ratio, audio, audio-visual, font or materials captured or contained therein.
- Include attributions as required by S³.
- Such use presents S³, the Content, and our products, services and brand in a favorable light.
- The Trademarks or S³ name are not part of the service or product name or domain names or websites, nor are any variations, abbreviations or formative uses, phonetic equivalent or foreign language translations.
- The “S³” word mark appears less prominently than the name of your service or product.
- Any reference to S³ and/or the Content or our services and products must not appear to endorse, sponsor, show an affiliation with or association between S³ and/or the Content or our services and products and you or your products and services.
Any unauthorized use of our Trademarks or Content is strictly prohibited.
- Compatibility. Licensees may use the “S³” word mark solely for referential purposes on packaging or materials to state that their service or product may be used with the S³ Service or our products; provided that they comply with the requirements of Section 2(a) above and the following requirements:
- The service or product may in fact be used with or is compatible with the S³ Service or our products.
Use of our logo without our express permission is strictly prohibited.
- Merchandise/Goods. You may not produce, manufacture or sell merchandise, products or services incorporating any S³ Trademarks.
- Depictions of S³ Products and/or Services. S³ logos, company names, product names, or images of S³ products (e.g., silhouettes of the S³ device) or user interfaces must not be used in marketing, promotional or advertising materials as such use may create the perception that S³ endorses, sponsors or is affiliated or associated with the product, service or promotion. S³ does not support the imitation of distinctive S³ products, web design, logos, packaging or typefaces.
- Rules for Referencing S³ Products and Services. Please remember that any use of the Trademarks should be used as an adjective not as a noun or gerund.
- 3. S³ Intellectual Property Restrictions and Reservations
Except as expressly permitted by S³, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell or otherwise exploit any S³ IP. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the S³ Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the S³ Service. Any unauthorized or prohibited use of any S³ IP may violate or infringe copyrights or other intellectual property laws of the United States and other countries, as well as applicable local and state laws and may subject you to liability for such unauthorized use.
- 4. Third Party Intellectual Property Infringement
If you believe that the S³ Service or any Content (including User Content) infringes or misappropriates your intellectual property rights or the intellectual property rights of others (other than copyrights), please submit written notice to us.
- 5. Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the S³ Site the material that you claim is infringing may be found, sufficient for S³ to locate the material.
- 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.
- 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.
- Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
- Email, with the subject line “Copyright Notices” to meghan@S3balance.com.
If properly notified that any materials infringe a third party’s copyright, S³ will promptly remove such materials from its Site in accordance with the U.S. Digital Millennium Copyright Act, the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, S³ may, when appropriate, terminate the accounts of repeat copyright infringers. S³ may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material. If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information. If you have questions about the legal requirements of a CPDA, DEA or other applicable copyright notice, you should consult a legal advisor and obtain professional legal advice and/or representation.