Copyright & Trademark Policy
Last Updated: August 10, 2020
This Copyright and Trademark Policy is also incorporated into the Terms of Service. Capitalized Terms not otherwise defined herein will have the meaning ascribed to them in the Terms. In the event of any inconsistency between this Copyright and Trademark Policy and the Terms, this Copyright and Trademark Policy will prevail.
IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE'S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING YOUR PROJECTS FOR SALE THROUGH WORD OF MOUTH SERVICES.
As between you and us, you own all and retain all rights in all projects and content that you have submitted, posted, published, displayed, or offered for sale through the Word of Mouth Services. You hereby give Word Of Mouth and our affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your projects and content in any format or medium now known or later developed for the purpose of promoting your projects and content, producing and promoting your projects, and providing the other Word of Mouth Services to you.
YOU, AND NOT WE, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR PROJECTS AND CONTENT THAT YOU MAKE AVAILABLE THROUGH WORD OF MOUTH, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR PROJECTS AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR PROJECTS AND CONTENT.
You represent and warrant that:
you own all intellectual property rights in your projects and content, or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through Word Of Mouth Services, to distribute and sell products that include your projects and content and to grant us the rights granted to us in the Terms.
your projects and content and the distribution and sale of products that include your projects and content do not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy.
your projects and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory, harassing, threatening, harmful, invasive of privacy, in violation of anyone's rights, including their privacy or publicity rights, abusive or inflammatory or otherwise objectionable.
your projects and content are accurate, not misleading or deceptive, and do not lead to offering or disseminating fraudulent or counterfeit products.
We reserve the right to prescreen your artwork and content (but have no obligation to do so), to review and remove projects and content from the Word of Mouth Services, and to cancel the Word of Mouth Services we provide to you at any time in our sole discretion. If you offer projects and content that we, in our sole discretion, believe may infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others, we may immediately terminate your account, in addition to any other remedies it may have.
Procedure for Reporting Infringements
We expect everyone to respect the property rights of all who use our services. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks or other intellectual property rights of others.
If you believe in good faith that any project or content made available through Word of Mouth Services infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us by providing the following information in writing to our designated agent (listed below) ("Designated Agent"):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;
Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted projects on the Word of Mouth Services, as permitted under the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"), a representative list of such works on the Word of Mouth Services;
Identification of the artwork or content that are claimed to be infringing or to be the subject of infringement activity and that are to be removed or access to which are to be disabled, including information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
A statement that the complaining party has a good faith belief that the project or content is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and
A statement made under penalty of perjury that the information in your will is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Word of Mouth Designated Agent can be contacted here or at the following address:
Word of Mouth LTD.
1310 NE Kane Dr.
Gresham, Oregon 97030
Attention: Copyright Agent; Legal Department
You acknowledge that if you fail to comply with all of the above notice requirements of this Copyright and Trademark Policy, your notice may not be valid.
When a complete and proper notice is received by the Designated Agent, it is our policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (a) removing or disabling access to the project or content identified in the notice; (b) notifying the applicable artist that we have removed or disabled access to the project or content; (c) canceling orders for products that include the project or content identified in the notice; (d) terminating such artist's account; and (e) terminating and/or retrieving payments of any Artist Revenue Share to such artist.
Only notices of suspected intellectual property rights infringement should be sent to the Designated Agent. For all other requests for technical support, feedback, comments, and other communications, please contact Customer Support.
Procedure to Provide a Counter-Notice
If you, as the artist, believe that the project or content that was removed or to which access was disabled or for which orders were canceled is not infringing, or if you believe you have obtained all required rights from their owners, the owners' agent, or pursuant to the law, you may send a counter-notice containing the following information to the Designated Agent:
Your physical or electronic signature;
Identification of the project or content that has been removed or to which access has been disabled and the location at which the project or content appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the project or content was removed or disabled as a result of mistake or a misidentification of the project or content to be removed or disabled; and
Your name, address, telephone number, e-mail address, and a statement that you consent to the Agreement to Arbitrate in the Terms.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing the complaining party that we may replace the removed project or content, cease disabling it and/or reinstate canceled orders in ten (10) business days following receipt of the counter-notice unless the complaining party notifies the Designated Agent that it has filed an action seeking a court order to restrain the artist from engaging in infringing activity relating to the project or content that was the subject of the notice.