Intellectual Property Policy

SafeChat respects the intellectual property rights of others, and we expect you to do the same.

Intellectual property laws protect some content such as videos or photos that you upload or share as “User Content.” In any content that you create and share on SafeChat, you own the intellectual property rights and are free to share your content wherever and with whomever you want. However, to provide The Services, we need you to give us some legal permission or “license” to use this content.

Whenever you post, upload, or share content that is covered by intellectual property rights on or in connection with our products, you automatically grant us a worldwide, transferable, sub-licensable, nonexclusive, and royalty-free license to use, distribute, host, modify, run, publicly perform or display, copy, translate, and create derivative works of your content consistent with your privacy settings. In other words, we won’t do much of this if you don’t give us legal permission to do so but we might if you do. For example, if you share a video on SafeChat, you automatically grant us legal permission to copy, store, and share this video with others consistent with your privacy settings.

Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of SafeChat (“User Content”) are owned by the party contributing such content.

As a user of SafeChat, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using SafeChat you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

SafeChat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through SafeChat is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using SafeChat.

When your content is deleted from our system this legal permission will end. Your content may be deleted individually or all at once by deleting your account.  While deleted content is immediately no longer visible to others, this content may continue to exist on our system due to technical limitations which prevent immediate deletion. However, this content will be deleted within a maximum of 85 days from when you delete it unless your content has been used by others in accordance with the same legal permission and they have not deleted it. In this case, this same permission will continue to apply until that content is deleted; or where immediate deletion would restrict our ability to identify illegal activity, or to investigate violations of any of our policies; or to comply with a legal obligation; or to comply with a request from an administrative or judicial authority, government, or law enforcement agency in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained. In each of the above cases, the permission associated with this content will continue until the content has been fully deleted.

Without any compensation to you, you automatically grant us permission to use your name, profile picture, and information about actions you have taken on SafeChat in connection with ads and other sponsored content we display. You grant us permission to download and install updates to our software where available, automatically, if you download or use our software.

If you use content that we make available to you like images, designs, videos, or sounds which is covered by intellectual property rights that we have and you add this to content you create or share on SafeChat, we retain all rights to that content. Only with our prior written permission are you allowed to use our copyrights or trademarks or any similar marks. In order to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, you must obtain our written permission or permission under an open source license to do so.

Copyright

Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea but does not protect underlying ideas or facts.

Copyright Infringement

We do not allow any content that infringes copyright. Any use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation. In some cases, you may be required to provide evidence to prove that you are entitled to use copyrighted content of others.

Removal of Content; Suspension or Termination of Account

Any user content that infringes other person’s copyright may be removed. Your account may be suspended or terminated for multiple copyright violations in connection with your use of the SafeChat site or app, or other violations of the Terms of Service.

Copyright Infringement Notification

If you believe that your copyright-protected work was posted on SafeChat’s site or app, or otherwise hosted by SafeChat without authorization, you may submit a copyright infringement notification.

The notification must include the following:

  • An email address, physical address and a phone number so that we and the uploader of your work can contact you.
  • A clear and complete description of your work that you believe has been infringed.
  • The URL or other identifying location of the allegedly infringing work.
  • 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 law.
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
  • The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.

Submit the above information to us:

Before submitting a notification, please be aware    that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries.

Copyright Infringement Counter-Notification

If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification.

The counter-notification must include the following:

  • Your contact information, including your full legal name (not that of a company), an email address, a physical address, and a phone number. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship to the uploader.
  • Identify the location, including any URL, of the work that has been removed or disabled.
  • You must agree to and include the following statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which SafeChat Inc is located, and will accept service of process from the claimant.”
  • And the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Your physical or electronic signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your electronic counter-notification.

Submit the above information to us:

  • By Email: [email protected]; or
  • By Mail: please submit the above information to: SafeChat Inc., 101 Jefferson Drive, Menlo Park, CA 94025, United States.
  • The counter-notification process may take no less than 10 business days to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter-notification to the copyright claimant, including any personal information you provide, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against you.

If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed. The decision to re-post any material is at SafeChat’s sole discretion.

Trademark

A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.

SafeChat’s policies prohibit any content that infringes on another person’s trademark. Using another person’s trademark in a way that may mislead or confuse people to believe that you are affiliated with the trademark owner may be a violation of our trademark policy.

However, using another person’s trademark for the purpose of accurately referencing the trademark owner’s products or services, or to compare them to other products or services, is generally not considered a violation of our trademark policy.

Removal of Content; Suspension or Termination of Account

Any user content that infringes other person’s trademark may be removed. Your account may be suspended or terminated for multiple trademark violations in connection with your use of the SafeChat site or app, or other violations of the Terms of Service.

Trademark Infringement Notification

SafeChat may investigate reports that are submitted by the trademark holder or their authorized representative. You can submit a trademark report to us through Trademark Infringement Report or via email ([email protected]), by providing the following information:

  • Your contact information, including your full name, physical address, email address and a phone number. Please note that we may provide your information and details of your report to the person who posted the content or owns the account you are reporting. This person may contact you with the information you provide.
  • Your relationship to the trademark owner.
  • A clear and complete description of your trademark that you believe has been infringed, including the jurisdiction of registration, registration number, trademarked goods and services class.
  • A scan of trademark registration certificate or a direct link (URL) to your trademark record.
  • Information about the allegedly infringing content, including the URL or other identifying location of the allegedly infringing content, and a description of how the content has been infringing your trademark.
  • A statement that you have a good faith belief that use of the trademark described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the trademark owner or are authorized to act on behalf of the owner.
  • The physical or electronic signature of the trademark owner or an authorized representative of the trademark owner.

If we remove content in response to a report of trademark infringement, we may notify the person you reported to inform them the content was removed. We may also provide them with your contact information, including your email address and the name of the trademark owner, and/or details of your report.

General Note:

As a SafeChat user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.

If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that SafeChat is not in a position to adjudicate disputes between third parties, and may not be able to remove the content or suspend the account you reported for infringement or violation. As an alternative, you may want to contact the person who posted the content or owns the account to try to resolve your issue directly.