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YouEmerge Copyright Policy
Effective Date: [To be established]
YouEmerge LLC
This Copyright Policy describes YouEmerge LLC's procedures concerning copyright infringement, notices submitted under the Digital Millennium Copyright Act ("DMCA"), counter-notifications, and repeat infringement.
Capitalized terms not defined in this Copyright Policy have the meanings given to them in the YouEmerge Terms of Service.
Part 1 — Copyright and Member Responsibilities
1. Respect for Copyright
YouEmerge respects the intellectual-property rights of creators and others and expects Members and other users of YouEmerge to do the same.
You may not upload, post, display, distribute, sell, offer for sale, transmit, or otherwise use Content through YouEmerge if doing so infringes another person's copyright or other intellectual-property rights.
2. Ownership of Member Content
As described in the YouEmerge Terms of Service, Members retain ownership of the Content they create and submit to YouEmerge, subject to the licenses and other rights necessary for YouEmerge to operate the platform and provide its services.
Uploading Content to YouEmerge does not transfer ownership of that Content to YouEmerge.
3. Responsibility for Content
Each Member is responsible for ensuring that the Member owns, controls, or has obtained all rights, licenses, permissions, and authorizations necessary to upload, publish, distribute, display, perform, sell, license, or otherwise use Content through YouEmerge.
This responsibility applies to all elements contained in the Content, including, where applicable, music, sound recordings, compositions, lyrics, photographs, artwork, illustrations, video, text, performances, trademarks, logos, and other protected material.
Part 2 — DMCA Copyright Infringement Notices
4. YouEmerge Designated DMCA Agent
Notices of claimed copyright infringement under the DMCA must be sent to YouEmerge's designated copyright agent.
Service Provider: YouEmerge LLC
Designated Agent: Copyright Agent
Organization: YouEmerge LLC
Mailing Address: 7600 Capstick Ave, Las Vegas, NV 89129
Telephone: 702-480-4409
Email: emerge@youemerge.com
Copyright Office Registration: DMCA-1080014
5. Submitting a DMCA Notice
If you believe that material available through YouEmerge infringes a copyright that you own or are authorized to enforce, you may submit a written notification to YouEmerge's designated DMCA agent.
To substantially comply with the DMCA, the notification should include:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on YouEmerge are covered by a single notification, a representative list of those works;
(c) identification of the material claimed to be infringing or the subject of infringing activity and information reasonably sufficient to permit YouEmerge to locate the material;
(d) information reasonably sufficient to permit YouEmerge to contact the complaining party, such as an address, telephone number, and, if available, email address;
(e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Accuracy of Copyright Notices
A person submitting a copyright notice is responsible for the accuracy of the notice and should consider whether the disputed use may be authorized by the copyright owner or permitted by law, including under principles such as fair use.
Knowingly making material misrepresentations concerning alleged copyright infringement may result in liability under applicable law.
7. YouEmerge's Response to a DMCA Notice
When YouEmerge receives a notification that substantially complies with the DMCA, YouEmerge will respond expeditiously in accordance with applicable law, including by removing or disabling access to the material identified in the notice where appropriate.
YouEmerge may notify the Member who submitted or controls the affected material and may provide that Member with information concerning the notice and the procedures for submitting a counter-notification.
YouEmerge may retain records relating to copyright notices, affected Content, communications, counter-notifications, account actions, and related matters as reasonably necessary for legal compliance, enforcement, dispute resolution, security, and recordkeeping.
Part 3 — Counter-Notifications
8. Submitting a Counter-Notification
If material you submitted to YouEmerge has been removed or access to it has been disabled as a result of a DMCA notice, and you believe the material was removed or disabled because of mistake or misidentification, you may submit a written counter-notification to YouEmerge's designated DMCA agent.
A counter-notification should include:
(a) your physical or electronic signature;
(b) identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access was disabled;
(c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
(d) your name, address, and telephone number; and
(e) a statement that you consent to the jurisdiction of the appropriate United States Federal District Court as provided by the DMCA and that you will accept service of process from the person who submitted the original infringement notification or that person's agent.
9. Restoration Following a Counter-Notification
After receiving a counter-notification that substantially complies with the DMCA, YouEmerge may provide a copy to the person who submitted the original infringement notice.
Subject to the DMCA and other applicable law, YouEmerge may restore the removed material or restore access to it not less than 10 nor more than 14 business days after receipt of the counter-notification unless YouEmerge's designated agent first receives notice that the complaining party has filed an action seeking a court order to restrain the Member from engaging in infringing activity relating to the material.
Part 4 — Repeat Infringement and Account Actions
10. Repeat-Infringer Policy
YouEmerge has adopted and reasonably implements a policy providing for termination, in appropriate circumstances, of Members who are repeat infringers of copyrights or other intellectual-property rights.
YouEmerge may also restrict access or account functionality in appropriate circumstances, including in response to blatant infringement or while evaluating repeated infringement.
11. Other Account or Content Actions
YouEmerge reserves the right, consistent with the Terms of Service and applicable law, to remove or disable access to Content, restrict marketplace functionality, suspend accounts, terminate accounts, or take other appropriate action when YouEmerge reasonably believes that Content or activity infringes intellectual-property rights or otherwise violates YouEmerge's policies.
YouEmerge is not required to adjudicate private ownership disputes between Members or between a Member and a third party.
Part 5 — Sellers, Buyers and Copyright
12. Seller Responsibilities
Sellers are responsible for ensuring that all Content, Products, Services, listings, promotional materials, images, audio, video, text, artwork, and other materials they offer through YouEmerge may lawfully be used and sold in the manner offered.
YouEmerge's ability to host or process a listing does not constitute a determination that the Seller owns the material or has obtained all required rights.
13. Purchases Do Not Transfer Copyright
Purchasing Content, a Product, or a Service through YouEmerge does not by itself transfer copyright or other intellectual-property ownership to the Buyer.
A Buyer receives only the rights expressly granted by the Seller, the applicable listing, license terms, or applicable law.
14. Unauthorized Reproduction or Distribution
Unless authorized by the copyright owner, applicable license terms, or law, Buyers and other users may not reproduce, redistribute, republish, publicly perform, publicly display, resell, sublicense, or create unauthorized derivative works from copyrighted Content obtained through YouEmerge.
Part 6 — Other Intellectual-Property Matters
15. Copyright Disputes Between Users
YouEmerge may facilitate communications or take platform action concerning an intellectual-property complaint but is not a court and does not determine ultimate ownership of disputed copyrights.
Parties remain responsible for resolving ownership, licensing, authorship, contractual, and other intellectual-property disputes through appropriate legal processes.
16. Trademarks and Other Intellectual Property
The DMCA process described in this Copyright Policy is intended primarily for copyright claims.
Claims concerning trademarks, rights of publicity, patents, or other intellectual-property rights may be reported to YouEmerge using the contact information below. YouEmerge may request additional information reasonably necessary to evaluate such a report.
17. Abuse of the Copyright Process
You may not knowingly submit false, fraudulent, misleading, or abusive copyright notices or counter-notifications.
YouEmerge may take appropriate action concerning misuse of its reporting procedures and may preserve or disclose information when required or permitted by applicable law.
Part 7 — Changes and Contact Information
18. Changes to This Copyright Policy
YouEmerge may update this Copyright Policy from time to time to reflect changes to the platform, marketplace, applicable law, or YouEmerge's copyright procedures.
The revised Copyright Policy will state its effective date. Where required or appropriate, YouEmerge may provide notice of material changes through the platform, by email, or through another reasonable method.
19. Contacting YouEmerge About Copyright Matters
General questions concerning this Copyright Policy may be directed to:
YouEmerge LLC
Email: emerge@YouEmerge.com
Formal DMCA notices and counter-notifications must be submitted to the designated DMCA agent identified in Section 4 after that designation has been completed and registered.