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Intellectual Property
  • About intellectual property
    PalUp respects the intellectual property rights of others, and expects our users to do the same. PalUp’s terms and policies do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.

    If you believe that any content on PalUp infringes your intellectual property, you can file a report. However, if you are unsure about whether the material you plan to report is infringing, you may wish to first seek legal advice.
  • Copyright
    Copyright is a legal right that protects original works of authorship, such as music, videos, art, etc. fixed in any tangible medium of expression. Generally, copyright protects an original expression of an idea, such as the specific way a video or music is expressed or created, but does not protect underlying ideas or facts.

    Before submitting a report, copyright owners should consider whether unauthorized use of their content is permitted as fair use. Examples of fair use include parody, news reporting, criticism and commentary.
  • Trademark
    A trademark is any word, slogan, symbol, design (such as a logo), or combination of any of the foregoing that distinguishes the products or services offered by one person, group or company from another. Generally, trademark law seeks to prevent others from using a trademark in an unauthorized or confusing manner.
  • How do I report copyright infringement?
    If you believe content on PalUp is infringing on your copyright, you may be able to resolve the issues without contacting PalUp by sending a message to the person who posted the content.

    However, you may also request removal of those materials by submitting a written notification to PalUp ("DMCA Notice") in compliance with the requirements of the Digital Millennium Copyright Act ("DMCA") and 17 U.S.C. § 512(c)(3), described below, by submitting a DMCA Notice. To do so, please send an email to DMCA@palup.ai with the Subject Line "DMCA Notice", and include the following:
    • Identify the copyrighted work that you claim has been infringed;
    • Identify the material or link on our Services that you claim is infringing your copyrighted work;
    • Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
    • Include in the body of your notice the following statement, followed by your electronic or physical signature: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

    • Please note:
    • Only the copyright owner or their authorized representative may file a report of copyright infringement. If you believe something on PalUp infringes someone else’s copyright, you may want to let the rights owner know.
    • We regularly provide the rights owner’s name, your email, and the details of your report to the person who posted the content you are reporting. In the case that you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. For this reason, you may wish to provide a valid and monitored business or professional email.
    • If you knowingly materially misrepresent that material or activity on PalUp is infringing your copyright, you yourself may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
  • Can I report an infringement of someone else’s intellectual property on PalUp?
    Only the rights owner of the intellectual property or their authorized representative may report a suspected infringement. If you believe content on PalUp infringes someone else’s copyright or trademark rights, you may want to let the rights owner know.
  • What should I consider before submitting a report of intellectual property infringement on PalUp?
    Before you submit a report, please consider whether the content you want to report may be a permissible use of your copyright or trademark. If you’re not sure whether the content you’re reporting infringes your intellectual property rights, you may want to seek legal guidance.

    Please note that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. Intentionally submitting misleading or otherwise fraudulent reports of copyright or trademark infringement may lead to PalUp taking action, including termination of your account. For copyrights, it’s important to note that intentionally submitting a misleading or fraudulent report may also lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries.
  • Repeat Infringer Policy
    If you repeatedly post content that infringes someone else’s intellectual property rights, your account may be suspended or terminated under PalUp’s repeat infringer policy. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on the PalUp app.

    Under this policy, your ability to post photos or videos may be limited, and you could also lose access to certain features or functionality on PalUp.

    If content you posted is restored due to an appeal or because a rights owner withdrew their report, we will take that restoration into account under our repeat infringer policy.

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