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Intellectual Property and Disclaimer

First issued Jan 12th, 2022

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General User Disclosure
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(a) The Website (www.zimarkdigital.com) and its entire contents features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by Japan, United States, China, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.

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(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.

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(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

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(d) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

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Content on Zimarkdigital.com and zimark.cn (collectively, "Zimark") is provided by our members without pre-approval by Zimark. We take intellectual property rights very seriously and comply as a service provider with all applicable provisions of the Digital Millennium Copyright Act (DMCA) of 1998. We expeditiously remove infringing material when notified and we also terminate repeat infringers pursuant to a "three-strikes" policy. Although Part of the Zimark Operates in Japan, since Zimark's Platform and Data Storage, servers, and the repository is based in the United States, and managed by partners, a completed DMCA notification is the minimum that Zimark can accept as proof-of-copyright, even if your country operates under different laws. Zimark cannot process notifications that disregard DMCA criteria and provide incomplete information.

 
Talent Terms​
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Zimark Digital is a technology platform that enables anyone anywhere to create and share researches articles and related content. Our marketplace model means we do not review or edit the contents for legal issues, and we are not in a position to determine the legality of the published contents. However, it is important to us that registered users posting content on Zimark respects the intellectual property of others. When registered talent post content in any form on our marketplace, they make the promise that they have the necessary authorization or rights to use all the content contained in their contents.

 

Infringing activity is not tolerated on or through our platform.

 

This policy addresses what we do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to any content posted on the Zimark platform. The policy also addresses what we do when Zimark research content is copied on third-party platforms without their consent.

 

Third-Party Copyright Infringement Reports

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Zimark’s policy is to remove contents from our service when they are reported as infringing in a copyright infringement notice received from the owner of the original content. It is also our policy to remove all published contents from any registered users who are determined to be repeat infringer (for whom Zimark has received more than two valid takedown notices). We reserve the right to terminate a registered Talent’s account at any time, including when they post content in violation of the copyrights of others.

 

How to File a Report

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If you would like to report a particular content on the Zimark and if you are the owner or the designated agent of the owner of the rights to the content that you believe the content is infringing, the most efficient way is to email us at inquiry@zimark.org.

 

Before you submit a copyright infringement email, please remember these important things:

  1. We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the registered Talents who published the content you are reporting have received proper permission from the owner to use the content. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization).

  2. Your copyright claim has to be sufficiently substantiated for us to be able to address it. This means:

    • You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.

    • If you are filing a report on behalf of an organization, you include the name of the organization and your relationship to the organization.

    • You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);

    • You provide sufficient information for us to locate the reportedly infringing content(s) on the Zimark site (the URL on our website and the exact name of the content and Talent;

    • You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf and I 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”.

  3. Knowingly submitting a false or misleading claim of infringement is illegal and you could be held liable and must pay damages as a result.

    • Zimark reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.

  4. There are types of content that are not protected by copyright.

    • Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the content copied in the content is indeed protected by copyright. 

  5. Consider whether the use of your material in the content is “fair use”.

    • Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers things like criticism, commentary, news reporting, research, and those which are issued under creative commons license (https://creativecommons.org/licenses/?lang=en). In considering whether a content’s use of your material qualifies as fair use, you should look at:

  • The purpose of the use (whether the content is paid or unpaid, whether the content critiques/parodies/transforms your material)

  • The type of copyrighted work being used (whether your work is factual or creative)

  • The portion being used (whether the content uses small, necessary excerpts of your material or substantial portions of it)

  • The effect on the market for your material (whether potential buyers would purchase the content instead of your material)

  • Before you submit a copyright claim, make sure that the use of the content copied in the content does not qualify as fair use. 

 

Counter-Notification

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If we receive a valid copyright violation report, we will send a copy of that report to the Talent who posted the reported content along with a notification that 1) the content was reported for copyright infringement and 2) we are removing the content from the Zimark service. We will also attach a form that the Talent can fill in and send back to us to submit a counter-notification. If your content has been reported for copyright infringement and removed from the Zimark service, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content in your content, then you may send us a counter-notification.

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The best way to provide us with a counter-notification is to fill in the form we provided you and send it back to the Zimark designated agent or the copyright team member who notified you. To be effective, a counter notification must be in writing and include the following information:

  • Your physical or electronic signature;

  • Your name, address, and email address or telephone number,

  • Identification of the content that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright infringement report filed against your content, we always attach a copy when we notify you);

  • 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; and

  • A statement that you consent to (i) Zimark sharing your name and contact information with the claimant; (ii) receiving service of process for any legal action by the claimant or an agent of the claimant.

 

Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and have to pay damages as a result.

Zimark reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter-notification in violation of the law.

 

Reports from Talents of Infringing Content on Other Platforms

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We understand that when you post and make available your content on the Zimark marketplace, you want to make sure that you will not find your content offered on another platform without your permission.

 

Third-Party Trademark Infringement Reports

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Zimark’s policy is to remove contents from our service when they are reported as infringing a third-party trademark. We also reserve the right to terminate a Talent's account at any time, including when they post content in violation of the trademark rights of others.

 

How to Submit a Trademark Infringement Report

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The fastest and easiest way to email us is at inquiry@zimark.org. Please note that a copy of your notice will be sent to the party that posted the content you are reporting. Before you submit a trademark infringement report, please remember these important things:

 

1. Your trademark claim has to be sufficiently substantiated for us be able to address it. This means your communication must include substantially the following:

  • Your complete contact information (full name, mailing address, and email or phone number).

  • The specific word, symbol, etc. for which you claim trademark rights.

  • The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.

  • The country or jurisdiction in which you claim trademark rights.

  • The category of goods and/or services for which you assert rights.

  • Sufficient information for us to locate the material on Zimark that you believe violates your trademark rights (web addresses/URLs of the allegedly infringing content).

  • A description of how you believe this content infringes your trademark.

  • If you are not the rights holder, an explanation of your relationship to the rights holder.

  • The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law.”

  • The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."

  • Your electronic signature ("/s/" followed by your full name, e.g., "/s/ Jane Doe") or physical signature.

 

2. Submitting a false or misleading claim of infringement could result in liability for you.

 

Zimark reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.

 

3. Consider whether the use of your trademark in the content is “Nominative Fair Use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the content. Before you submit a trademark claim, make sure that use of your trademark in the content does not qualify as fair use.

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