1. Trade Secrets and Proprietary Materials.
The Service contains and/or incorporates trade secrets, patented inventions (and/or pending patents), and/or other proprietary materials and intellectual property of the Company and/or its licensors. All title and ownership rights in the Channel, including without limitation the Channel Content and any copies related to the Service and the content, remain the property of the Company and its licensors, as applicable. You agree to keep confidential any information contained in the Channel that is not public domain and not to disclose such information to third parties without the prior written approval of the Company. Users are not authorized to attempt to reconfigure, decompile, or reverse engineer the Channel and/or the Service Content.
2. Copyright.
The Channel Content and other authored works found on or part of the Channel (collectively, the “Content”) are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You may not make unauthorized copies or use any part of the Content, except as specified herein and in accordance with applicable law. All titles and copyright rights in the Content and the Service (including, but not limited to, images, photographs, animations, video, audio, code, articles, text, and “applets” incorporated into the Service), are owned by the Company or its licensors. You agree to comply with all applicable copyright protection laws in connection with your use of the Service and Content. In addition to what is stipulated in these Terms of Service, the Company may take appropriate measures to protect the copyrights in the Content.
3. Trademarks.
You may not use any of the trademarks found within the Channel and the Service, except as specified herein and in accordance with applicable law. You may not copy, display, or use any trademarks without the prior written permission of the owner. Any unauthorized use may violate trademark laws, privacy and publicity laws, as well as civil or criminal laws. The trademarks listed below are registered trademarks of the Company, its direct or indirect parent companies, and/or its Affiliates, licensors, or third-party owners. Nothing in the Service shall be construed as granting by implication or otherwise, any license or right to use any trademark. Please note that trademarks are updated periodically. For questions related to any of the trademarks, please send your inquiries to the manager and person in charge: UKEAN LLC, at the email address [email protected]. The Channel and its logo, platforms, and other trademarks used in the Service are trademarks of their respective owners.
4. Action for Intellectual Property Infringement.
If the Company receives a notification alleging that You have engaged in conduct that violates any intellectual property rights of the Company or its Affiliates, or a third party, or reasonably suspects such, the Company may suspend, cancel accounts, or terminate your access to the Service, without prior notice, at any time, especially in the event of violating the strike policy defined below. If the Company acts under this Section, it shall not be liable to you, including for any amount you may have previously paid or any credits you hold on the Channels offering the Service. To address copyright and related violations, UKEAN LLC establishes the following strike policy, which may or may not be applied at its sole discretion.
To preserve the legality of the content distributed through our platform and prevent infringements of third-party rights, we have established a policy of progressive warnings and sanctions for actions that violate our rules:
Infringement Policy for Content Undergoing QC:
1. Warning:
Upon the first notification or detection of a possible infringement, we will not immediately take drastic measures, as we understand that unintentional mistakes or a lack of awareness of the seriousness of certain actions may occur. Therefore, the first measure will consist of sending a notification to your registered email address, without this yet constituting a formal sanction. In addition, any products identified as potentially infringing will be flagged to prevent their future distribution.
2. Infringement:
If a second notice of infringement is received, you will be notified again by email. In this case, your ability to publish new audio or video content on the platform will be permanently suspended, and all commercial relationships between UKEAN LLC and you will be terminated. The catalog that has already been published will remain available. If you wish to request the removal (takedown) of that content, you must pay the fee established on the platform, even if your account was exempt from additional service charges.
Infringement Policy for Published Content:
1. Notification:
Upon the first notification or detection of a possible infringement, we will not immediately take drastic measures, as we understand that unintentional mistakes or a lack of awareness of the seriousness of certain actions may occur. Therefore, the first measure will consist of sending a notification to your registered email address, without this yet constituting a formal sanction. However, a single serious breach or infringement may lead us to disable your account, terminate our relationship, and remove your content without completing the process, providing only notification of the decision through any of the contact channels you supplied, in accordance with our privacy and data policy.
2. Infringement:
If a second notice of infringement is received, you will be notified again by email. In this case, your ability to publish new audio or video content on the platform will be permanently suspended, and all commercial relationships between UKEAN LLC and you will be terminated. The catalog that has already been published will remain available. If you wish to request the removal (takedown) of that content, you must pay the fee established on the platform, even if your account was exempt from additional service charges.
If payments or amounts of money that must be redirected as a result of an infringement are detected, the funds available in the User’s account will be withheld until it is determined which amounts constitute legitimate income, meaning income not derived from infringing products. Amounts generated by infringing products may not be disbursed to the User under any circumstances.
UKEAN may impose as many sanctions and/or take such measures as it considers appropriate if it determines that the User engages in and repeats these types of conduct, depending on the circumstances of each case.
If you disagree with any notification or Sanction imposed by UKEAN LLC, you may submit a sworn Appeal that must comply with the requirements of a counter-notification under the Digital Millennium Copyright Act (“DMCA”). In that Appeal, you must state that you did not commit copyright infringement and attach supporting evidence. You must send it to [email protected] within ten (10) calendar days following receipt of the notice of infringement, notification, or Sanction. We suggest consulting an attorney, since submitting a false Appeal could have civil and criminal legal consequences.
Once your Appeal has been submitted, it will be reviewed and evaluated by UKEAN LLC. The response time will depend on the complexity of each individual case, and you will receive a decision or response indicating whether the Notification or Sanction is upheld or removed, as applicable.
Please note that, regardless of whether you delete your infringing content, the warning or notification, as applicable, will still be applied and remain on your account, and the income generated by that infringing Content will be withheld from the moment the infringement is detected.
If there are outstanding amounts to be recovered in connection with advances or prepayments, the catalog that is free of any sanctions must remain until that recovery is completed. However, the contractual relationship between you and UKEAN LLC will be terminated.
Additionally, if your catalog that is free of any sanctions has not reached the minimum royalty payment amount, you may choose to keep your catalog linked until it generates that minimum amount so that payment can be made, or you must remove it and forfeit any amounts below the minimum held at the time of disassociation. However, the contractual relationship between you and UKEAN LLC will be terminated.