DMCA and Trademark Policy

This DMCA and Trademark Policy describes various situations leading to infringement, how to avoid them, and what happens if you are the subject or perpetrator of infringement. This Policy is to be considered part of the full Privacy Policy, Terms of Use and Terms of Sale as outlined at https://verysmartdesign.com/about/terms. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to Clique and Very Smart Design are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights both at common law and through registration. You do not acquire ownership rights to any content, document or other materials viewed through Clique or Very Smart Design unless you are the true and original creator and owner, or otherwise stated by law. The posting of information or materials on Clique or Very Smart Design does not constitute a waiver of any right in such information and materials. The copying, redistribution, use or publication by you of any such matters or any part of Clique or Very Smart Design , except as follows, is strictly prohibited. Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution) or as allowed via the site (such as RSS feeds).

Digital Millennium Copyright Act Notification Guidelines
By using this Site and/or uploading any material to this Site, you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media you upload does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended. We respect the intellectual property of others, and we ask that our users do the same. We respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our websites infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the content to be removed, please provide our Copyright Agent with the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If submitting through our digital contact link (https://verysmartdesign.com/about/contact), select the "Infringement" option from the subject dropdown. (2) Written identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site are covered by a single notification, a representative list of such works via specific URL Link(s). (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing a direct URL at which you believe there has been an infringement is the best way to help us locate content quickly. (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. (5) A statement that you have 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. (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content. Please note that Clique may, at its discretion, share a copy of your notice with third parties, including for publication.

Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): (1) Your physical or electronic signature. If submitting through our digital contact link (https://verysmartdesign.com/about/contact), select the "Infringement" option from the subject dropdown. (2) Written identification of the material that has been removed or to which access has been disabled and the specific URL Link at which the material appeared before it was removed or access to it was disabled. (3) 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 to be removed or disabled. (4) The member’s name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Clique may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your content and or activity is not infringing the copyrights of others. If you are not sure if your content and or activity infringes on the copyrights of others, we advise you to consult with an attorney. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Repeat Infringement Policy
Clique will promptly terminate, without notice, any user’s access to the Site and any sites within the Clique Network as described in the Terms of Use if we determine that user to be a “repeat infringer” of other’s copyright protected works. A repeat infringer includes, without limitation, a user who we have notified of infringing activity violations more than twice and/or who has had their Content removed from the Clique Network more than twice. Clique may also at our sole discretion limit access to our Sites within the CLN and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Respect Trademark Rights
Using a trademark without the trademark owner’s permission on Clique or Very Smart Design in a manner that may mislead or confuse others about who you are, or your brand affiliation, may violate Clique’s Trademark Policy.

How Do You Report a Violation?
We only investigate reports from a trademark owner or authorized agent. When asserting a trademark violation, you should identify the allegedly infringing work and the legal basis for your claim, including the registration and/or application numbers for your trademark. Specifically, please provide a report to https://verysmartdesign.com/about/contact), select the "Infringement" option from the subject dropdown and include the following information: (1) Your contact information (name, email, address, telephone number, website) (2) Identify if you are the trademark owner or an agent authorized to act on behalf of the trademark owner (3) Identify the trademark (4) Identify the Registration No. or Application No. associated with your trademark (if applicable) (5) Identify where the trademark is registered (such as with the USPTO) (6) Describe the goods or services in connection with which you use your trademark (7) Describe where you use your trademark (8) Identify the direct URL link of the infringing activity on Clique or Very Smart Design and describe how it is a violation.

How are Reports Processed?
Upon receipt of a report, we do the following: (1) Review the report to determine that it is complete. (2) Determine if there is a violation of our Policies. If we take action based on a report, we will provide the impacted account holder with your name and the information included in your report so they can respond to the claim. (3) In certain cases, we may also give the impacted account holder an opportunity to comply with our policies or file an appeal. (4) Any appeal must include an explanation of their side of the situation, along with any relevant materials for us to review. A successful appeal will likely result in restoration of the content or account. (5) Remember, Clique has discretion to make and implement reasonable determinations of trademarks used on the Clique or Very Smart Design . However, Clique cannot serve as the arbiter of disputes among third parties. Any further dispute between you and the impacted account holder should be resolved directly between you. Please note that Clique may, at its discretion, share a copy of your notice with third parties, including for publication.

What is Not a Violation of This Policy?
Any reference to another’s trademark is not an automatic violation. For example, "I love wearing Adidas!" is not a violation. It is permissible for a member to use a trademark in a manner that is outside the scope of the trademark owner’s rights. For example, a trademark for street cleaning likely may not apply to names for digital activities. You can use someone’s trademark to refer to their goods or services – just not in a way that confuses other users about whose trademark it is. In legal terms, nominative and other fair uses of trademarks do not violate this policy. However, an account holder that uses a trademark must clearly distinguish itself from the trademark owner. Clique and Very Smart Design allows members to create fan accounts and pages, provided the content meets the following requirements: (1) Include a description on the channel page/community page that would be understood by others that the group or account holder is not affiliated with the trademark by using words such as “fan,” “follower,” etc. (2) Member or content names should not be the exact trademark without some other distinguishing word such as “fan,” “follower,”, etc.

Don’t Impersonate Others!
You are free to parody, marvel, and rain praise on others, but you cannot pretend to actually be any other person or company. Thus, don’t do things that would cause confusion between you, or your community, and a person or company. See our Community Guidelines at https://verysmartdesign.com/about/community for more information.