Copyright and Intellectual Property Policy

Intellectual property rights, and protection of those rights as governed by law, are important to Wacktrap. Wacktrap policy asks its users to remain aware of, and highly respect, copyright and intellectual property rights of others. Material appearing or available on, or through, other websites may be protected by national or international copyright and/or intellectual property laws. The terms of use of those websites where the material appears, not the Wacktrap Terms of Service, govern use of that material. Please remain aware, that in any of your submissions to the Wacktrap website, you as a user maintain legal right to submit that written and/or visual material or content.

Our policy allows for, in circumstances which we deem appropriate or at our discretion, the disabling or even permanent termination of any user account which may infringe, or repeatedly infringe, copyright or other intellectual property rights of others or Wacktrap. Wacktrap maintains no responsibility to notify the affected User, prior to disablement or termination of the account and any such action is at the sole discretion of Wacktrap.

Digital Millennium Copyright Act (“DCMA” ) 17 U.S.C 512(c)(3)

Notice for Claims of Intellectual Property Violations and Agent for Notice:

If you believe your work has been copied on the Wacktrap website in a way that constitutes copyright infringement, that a User Submission violates copyright rights, or that your intellectual property rights have been otherwise violated in connection with this website, you may submit a written notification pursuant to the federal Digital Millennium Copyright Act ("DMCA"), 17 U.S.C 512(c)(3), to Wacktrap’s Agent including the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Wacktrap site, with enough detail that we may locate the material on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The Wacktrap Agent for Notice of claims of copyright or other intellectual property infringement may be contacted at:

Mailing:
Wacktrap, Notice Agent
PO Box 491220
Los Angeles, CA 90049

Telephone:
(323) 988-7272
please note: Notice (in accordance with “DCMA”) must be sent in writing

Email:
admin@wacktrap.com [1]

When sending any Notice, please remain aware that communication concerning copyright and intellectual property law may not include attachments due to security concerns. Subsequently, any electronic notification of infringement containing an attachment will not be received or processed.

Digital Millennium Copyright Act (“DCMA” ) 17 U.S.C 512(c)(3)

Counter-Notice of Intellectual Property Violations:

If you believe your User Submission, that was removed or had access disabled, is not infringing or that you possess authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, the right to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Wacktrap Agent:

your physical or electronic signature;

identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a Counter-Notice is received by Wacktrap’s Agent, Wacktrap may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wacktrap’s sole discretion.

The Wacktrap Agent for Counter-Notice of claims of copyright or other intellectual property infringement may be contacted at:

Mailing:
Wacktrap, Counter-Notice Agent
PO Box 491220
Los Angeles, CA 90049

Telephone:
(323) 988-7272
please note: Counter-Notice (in accordance with “DCMA”) must be sent in writing

Email:
admin@wacktrap.com [1]

When sending any Counter-Notice, please remain aware that communication concerning copyright and intellectual property law may not include attachments due to security concerns. Subsequently, any electronic notification of infringement containing an attachment will not be received or processed.

Wacktrap Copyright and Intellectual Property & Permission

Wacktrap maintains sole copyright and intellectual property rights, inclusive of but not limited to trademarks, logos, service marks, trade dress, slogans, screenshots, website content, copyrighted written material and content, copyrighted photographic material and content , copyrighted videographic material and content , copyrighted audio material and content, copyrighted designs, website design, marketing materials, public relations materials, email and SMS materials, promotions, advertising and other brand features.

Wacktrap does not permit use of any of its copyrighted and intellectual property except in an instance where Wacktrap has issued explicit, written, approval prior to use of any type. No company, individual, organization, or entity of any type is permitted use of any Wacktrap or intellectual property or copyrighted material without that entity’s capability to physically present, and produce in court of law under necessity, express documentation providing for permission of use issued by Wacktrap. Under no circumstance will Wacktrap ever issue verbal permission of use relating to its copyright or intellectual property rights; any claim made by any company, individual, or entity of any type, which states or attempts to insinuate that Wacktrap has granted any verbal permission of use, is invalid. Wacktrap will pursue unauthorized use violation(s) pertaining to permission of use, to the full extent as provided under federal and/or state law(s)

At its sole discretion, and in accordance with any terms and/or stipulations it alone may choose to define and/or permission fees it may choose to stipulate, Wacktrap may choose to grant approval for permission of use. Wacktrap maintains no obligation, in any instance or under any circumstance, to grant permission of use. Any company, individual or entity, desiring to submit a permission of use request, must contact Wacktrap in writing. The request should be highly specific in nature and contain complete contact information for the company, individual, organization or any other entity making request for permission of use ( hereafter referred to as ‘requestor’) such as: the company or organization and its internal representative, the agency and its representative, the individual, or other entity seeking permission of use.

For purposes in this document the term ‘requestor’ refers to: 1) a company, individual, organization or entity requesting permission of use, or 2) a company, individual, organization or entity which has been granted permission of use, or 3) an agent acting on behalf of a company, individual, organization or entity in seeking permission of use. In any instance where an agent is utilized or services contracted relating to permission of use, the company, individual, organization or entity utilizing that agent is not indemnified from liability.
an individual or agent whom/which represents the company or entity in permission of use relations with Wacktrap, the individual or agent may additionally be referred to as ‘requestor’ in acting in the role of representation.

In submission to Wacktrap for any permission of use request, the requestor is aware that Wacktrap maintains no legal liability, no obligation and no duty to any requestor, at any time. Wacktrap maintains the sole right to grant, or deny, any request for permission of use of copyrighted or intellectual property and in the capacity (if any) which it alone deems appropriate; permission of use, and the right to allow or disallow any such use, belongs exclusively to Wacktrap. Wacktrap maintains no legal obligation to any company, individual, or entity of any type, whom may choose to submit a permission of use request or which/whom may be granted permission of use. No legal obligation or duty exists, on behalf of Wacktrap, to provide any requestor reason for denial of any permission of use. Additionally any lack of response, by Wacktrap, to such request, in no way constitutes any granting of permission of use.

Wacktrap maintains the exclusive right to define specific terms and/or stipulations relating to any permission of use it may consider or choose to grant; terms and/or stipulations may include specified permission fees. Terms and/or stipulations, extended by Wacktrap in regard to permission of use, may be different or vary per requestor. Any or all terms and/or stipulations relating to permission of use may be updated, altered or otherwise changed by Wacktrap at any point in time; such changes shall be considered effective within 72 hours of notification by Wacktrap or, if declined by requestor, permission of use shall cease.

No permission of use granted by Wacktrap is considered, or meant to be construed in any manner, as permanent in nature. Wacktrap further maintains the right to alter, change, limit, cease or revoke permission of use by any company, individual, or entity and additionally may do so for any reason, at any point in time, at its sole discretion, and without any agreement from the requestor. Wacktrap shall make any of the above changes should it alone deem the change(s) to be appropriate and/or in its best interest. Should Wacktrap choose to alter, change, limit, cease or revoke permission of use: a) Wacktrap is not required to provide reason to the company, individual or entity for doing so and, b) any reason Wacktrap may choose to provide the company, individual or entity, for doing so, need not be deemed valid or adequate by the requestor.

Should Wacktrap choose to revoke permission of use at any time or for any reason, that revocation of permission shall be effective immediately and upon written notification by Wacktrap. Violation of any term(s) or stipulation(s), required for permission of use, shall effectively serve as automatic revocation of that permission; in such violation(s), which may be unknown to Wacktrap at the time of occurrence, permission of use revocation is immediate and additionally requires no notice by Wacktrap; the requestor maintains legal liability for any unauthorized use occurring from the time of violation through complete cessation of use.

Wacktrap bears no legal responsibility or obligation to any requestor in its consideration of, or any subsequent granting of, any permission of use request; Wacktrap maintains no liability to any company, individual, entity, or requestor of any type, for any claim arising from or pertaining to permission of use; this includes but is not limited to any claim which includes damages and/or any claim arising from or pertaining to Wacktrap’s consideration, granting, or revocation of permission of use nor to any changes, alterations or updates to permission of use terms and/or stipulations. Wacktrap will pursue, to the full extent provided by law, damages and recovery relating to any such claim and including but not limited to recovery of legal fees, attorney fees and court costs.

This document does not negate additional Wacktrap documents pertaining to permission of use, nor negates any additional legal rights or laws which may protect Wacktrap or be afforded to Wacktrap under law.

Submit your initial Permission of Use Request [2] here, pertaining to intellectual property or copyrighted material owned by Wacktrap, choosing 'Copyright/IP' from the dropdown menu.You may additionally contact Wacktrap in writing and via physical mail. For in-depth materials or attachments, submissions should be made to the following address:

Permission Use Requests

Mailing:
Wacktrap, Permission Use
PO Box 491220
Los Angeles, CA 90049

Telephone:
(323) 988-7272

Email:
admin@wacktrap.com [1]