Intellectual Property Policy
This intellectual property policy was last updated on November 30, 2017.
SmartWater Academy is a technological platform that allows anyone to create and share educational courses related to aquaculture in any part of the world. We host numerous courses in our online learning shop. Our virtual shop model assumes that we do not revise or edit the courses for legal matters or are in a position to determine the legality of the content of a course. However, it is important for us that the instructors who publish courses in SmartWater Academy respect the intellectual property of the rest. When the instructors publish courses in our virtual store, they attest that they have the authorization or the rights necessary to use all the content of their courses.
Infringing activity is not tolerated on our platform or through it.
This policy addresses what we do in the case of copyright infringements on the part of content owners and in the case of trademark infringement claims by trademark owners regarding courses offered on the platform SmartWater Academy. Politics also addresses what we do when SmartWater instructors ‘ courses are copied on third-party platforms without their consent.
- Third party copyright infringement
- How to file a complaint
- Denunciations by instructors of content infringements on other platforms
- Third party trademark infringement reporting
- How to file a trademark infringement complaint
- Designated Agent contact information
Third party copyright infringement
The policy of SmartWater Academy is to remove the courses from our service when it is reported that they are in violation of a copyright infringement notice received from the owner of the original content. It is also our policy to remove all courses from any instructor that is determined to be a repeat offender (for which SmartWater Academy You have received more than two valid copyright infringement notices. We reserve the right to terminate an instructor’s account at any time, even when it publishes content that infringes the intellectual property of third parties.
How to file a complaint
If you want to denounce a course that is located in the market of SmartWater Academy And if you are the owner, or the agent designated by the holder, of the rights to the content that you consider the course to infringe, the most efficient way is to use The Mail firstname.lastname@example.org
Before submitting a notice of intellectual property infringement, remember these important points:
- We cannot process a claim that has not been filed by the copyright owner or its designated agent. This is because we have no way of knowing if the instructor who published the course you are denouncing has received the landlord’s proper permission to use the content. We will ask you to provide an electronic signature to confirm that you are the owner of the intellectual property or that you have authority to represent the intellectual property owner (even if the owner of the intellectual property is a Organization).
- Your notice of copyright infringement must be sufficiently grounded so that we can address it. This means that:
- You must provide us with enough information so that we can communicate with you, including your full legal name, an email address, a physical address and a telephone number (optional).
- If you are filing a complaint on behalf of an organization, you must include the name of the organization and your relationship with it.
- You must accurately identify the original material protected by intellectual property or, if multiple intellectual property protected works are included in your notification, you must provide a sufficiently representative list of such material Original (for Example A URL where the material is located);
- You must provide enough information to locate the course or the allegedly infringing courses that are on the website of SmartWater Academy (The URL on our website and the exact name of the course and the instructor);
- You must add a statement saying: “I declare, under penalty of perjury, that the information contained in this claim is accurate and that I am the owner of the intellectual property or I am authorized a Act on behalf of the intellectual property owner and I believe in good faith that the use of the material in the manner in which it was denounced is not authorized by the intellectual property owner, its agent or the law.”
- Deliberately sending a claim for false or misleading infringement is illegal and you may be deemed to be responsible and you must pay damages as a result. SmartWater Academy reserves the right to claim damages to anyone who submits a violation notice of the law.
- There are content types that are not copyright-protected. The Copyright Act does not cover short sentences (such as trade names, book titles, and slogans), intangible concepts (such as processes, ideas, and recipes) and facts. Before submitting a copyright infringement notice, make sure that the content copied in the course is protected by copyright. If you need to report a trademark infringement, follow the steps described.
- Consider whether the use of your material in the course is a “fair use”. Some copyright laws include An exception of “fair use” for certain uses of content that are considered to be of public interest. Fair use covers issues such as reviews, comments, news reports, and research. When considering whether the use a course makes of your material qualifies as fair use, you should see:
- The purpose of the use (if the course is payment or not, if the course criticizes, parodies or transforms your material);
- The type of work protected by intellectual property that is being used (whether your work is factual or creative);
- The portion that is being used (if the course uses small and necessary extracts of your material or substantial portions of it);
- The effect on the market for your material (if potential buyers would buy the course instead of your material).
Before submitting a copyright infringement notice, make sure that the use of the content copied in the course does not qualify as loyal use.
If we receive a valid complaint of copyright infringement, we will send a copy of that complaint to the instructor who issued the course denounced along with a notice that will inform you that 1) The course was denounced for copyright infringement and that 2) We’ll eliminate the course of SmartWater Academy. We will also enclose a form that the instructor can complete and send us to submit a Notification. If your course has been reported for copyright infringement and removed from the service SmartWater Academy, and if you believe that we have made a mistake or you have permission from the owner of the reported content to use that content in your course, then you can send us a Notification.
The best way to provide a Notification is to complete the form that we provide and send it to the designated agent of SmartWater Academy Or the member of the Copyright team that notified you. To be effective, a Notification Must be made in writing and must include the following information:
- Your physical or electronic signature;
- Your name, physical address and email address or phone number;
- Identification of the course that was deleted and the location (URL) in which it appeared before it was deleted (You can access this information in the copyright infringement complaint that was filed against your course; we always attach a copy when we notify you);
- A statement under penalty of perjury that you believe in good faith that the material was removed or disabled as a result of an error or misidentification of the material to be removed or disallowed; And
- A statement that you consent to (i) that Academy shares your name and contact information with the Claimant; (ii) Receive notifications of the process for any legal action of the plaintiff or an agent of the plaintiff and (ii) to accept the jurisdiction of the Court of Court of Madrid
Deliberately send a Notification False or misleading is illegal, and you may be considered to be responsible and you should pay damages as a result. SmartWater Academy reserves the right to claim damages to any party that presents a Notification Copyright infringement That violates the law.
Denunciations by instructors of content infringements on other platforms
We understand that when Public and make available your courses in the market of SmartWater Academy, you want to make sure that you won’t find that your courses are Offered on another platform without your permission. To help combat intellectual property infringements and piracy that affect our instructors ‘ courses, We are aware To search and find infringement cases and remove any infringing content from third-party platforms.
In case you find your course available on another platform without your permission, Send us an email to email@example.com Keep in mind that since SmartWater Academy It does not control the content of other sites, we may not always succeed, especially if your content is on a site outside the European Union (EU). Some countries adopt different approaches to intellectual property law; For this reason, we cannot guarantee that the offending party or the accommodation site will comply with our notices and eliminate the infringing content of its platform.
Third party trademark infringement reporting
The policy of SmartWater Academy It is to eliminate courses of our service when it is reported that they infringe a mark of a third. We also reserve the right to terminate an instructor’s account at any time, even when posting content that violates third party trademark rights.
How to file a trademark infringement complaint
The quickest and easiest way to send us a trademark infringement complaint is to send a notice to the designated agent that contains the information identified below. Please note that a copy of your notice will be sent to the party that posted the content you are reporting. Before submitting a trademark infringement notice, remember these important points:
- Your claim must be sufficiently grounded so that we can address it. This means that your communication must include substantially the following:
- Your complete contact information (full name, address Postal and email or phone number).
- The specific word, symbol, etc. that originates your claim of trademark rights.
- The basis of your claim for trademark rights (for example, a national or community registration), including the registration number, if applicable.
- The country or jurisdiction in which you claim the trademark rights.
- The category of goods and/or services of which you claim to have rights.
- Sufficient information to locate the material in SmartWater Academy That you think violates your trademark rights (Web addresses/URLs of allegedly infringing content).
- A description of how you consider this content to infringe your trademark.
- If you are not the owner of the rights, an explanation of your relationship with the rightholder.
- The following statement: “I believe in good faith that the use of the mark in the manner in which the complaint was made as described above is not authorized by the proprietor of the mark, his agent or the law.”
- The following statement: “The information contained in this notice is correct and I declare, under penalty of perjury, that I am the owner or I am authorized to act on behalf of the owner of a trademark that is allegedly infringed”.
- Your electronic signature (“/s/” followed by your full name, for example, “/s/Juan Pérez”) or physical signature.
- Filing a false or misleading claim for infringement could result in a liability for you. Udemy reserves the right to claim damages to any party who submits a false or misleading notice of trademark infringement.
- Consider whether the use of your trademark in the course is a “fair use nominative.” Some trademark laws protect The use of a name or brand for the sale of products and services, with the aim of preventing the confusion of the consumer. Most country laws include an exception for “fair use,” which allows others to use a trademark to actually reference the commercial product or service, or to comment on or criticize the mark. Consider the possibility that others will be confused and think that your company or brand has created or sponsored the course. Before submitting a trademark claim, make sure that the trade mark of the course does not qualify as fair use.
Designated Agent contact information
The designated agent may be contacted SmartWater Academy For notices of infringement complaints in the following ways:
- by email: firstname.lastname@example.org