Last updated: 18th December 2019
Zapworks is a set of proprietary tools and services for building augmented, virtual and mixed reality content for distribution using the Zappar mobile application, a custom app solution provided by Zappar, or Zappar WebAR.
Zappar Limited (“Zappar”, “we”, or “us”) is concerned that Zapworks is used in a safe and responsible manner. We have therefore published this Content Policy to explain how we will deal with allegations that data or content published or distributed through Zapworks by our users (“user content”) breaches the rights of a third party. This Content Policy is of relevance both to Zapworks users and to rights owners and other third parties who may be affected by our users use of Zapworks.
As a cloud service provider established in the United Kingdom, and subject to the jurisdiction of the Courts of England and Wales, Zappar is not currently subject to any statutory Notice and Takedown procedure. We have therefore produced this non-statutory procedure to deal with intellectual property and other rights related complaints. Readers should kindly note that this Content Policy does not create any obligations that can be legally enforced against Zappar. We do not consider ourselves an “online content-sharing service provider” within the meaning of the European Union Copyright Directive.
We would like to make you are aware of the following characteristics of Zapworks:
Zappar is not the author, editor, poster or publisher of any user content;
when offering the service Zappar is simply providing the underlying technology and infrastructure which allows users to create, publish and make their own user content available by connecting it to zapcodes and other content triggers;
Zappar does not participate in any way in the initial publication of any user content made available through Zapworks and we do not actively monitor or exercise any editorial control or review over user content;
the fact that a particular item of user content is available on our content delivery platform does not represent or imply that Zappar approves of that user content;
Zappar is therefore at all times acting passively as an intermediary or host ISP and we do not assume any responsibility for any user content made available via Zapworks.
The characteristics of on-line services mean it is possible that persons may misuse Zapworks by making user content available that breaches your rights. Further to our aim of promoting safe and responsible use of Zapworks, Zappar encourages rights owners and other concerned third parties to notify us of any alleged unlawful use of Zapworks including, in particular, any data or content that belongs to you.
Zappar can only deal with your complaint if it relates to specific alleged unlawful data or content published by a user of Zapworks and which is connected to a zapcode or other content trigger made available through Zapworks.
Before making a complaint under this Content Policy we recommend that you take steps to identify and contact the publisher of the alleged unlawful data or content to request that they cease using it.
If you are unable to identify the publisher or they refuse to remove the user content, you can send us your complaint by email to: legal@zappar.com or you can write to us at the following
Postal address: Zappar, Barley Mow Centre, 10 Barley Mow Passage, London W4 4PH, United Kingdom.
Please make sure that you attach or enclose the information listed below. The person making the complaint is responsible for ensuring that the complaint is unambiguous, correct, complete and made on bona fide grounds.
So that we can deal with it as quickly as possible, your complaint should contain at least the following information:
your contact details and (if applicable) whether you are acting on someone else’s behalf;
a brief description of the alleged unlawful user content and an explanation of why you are claiming that the user content is unlawful, illegal, or otherwise harmful to your privacy, intellectual property or other rights. For allegations of defamation you should set out the statement concerned and explain why the statement is defamatory of you;
(If known) the name of the person who has published the user content, the zapcode or other content trigger to which the user content has been linked, or sufficient other information to enable Zappar to locate the user content complained of;
(where available) copies of any correspondence you have had with the publisher of the user content;
if the complaint concerns an alleged infringement of an intellectual property right, like a copyright or trademark, you should include evidence that you are the rightful owner or holder of these rights or that you are entitled to act on behalf of the aforementioned party; and
any other information you think might be helpful to us.
Once you have provided Zappar with all the information listed above, we will review your complaint. We will assess complaints on the basis of applicable law, regulations and codes of
practice as well as our Terms of Use for Zapworks. We will deal with complaints as quickly as possible but reserve the right to ask you for additional information, or to take legal advice.
If a complaint discloses a prima facie case of rights infringement or any other form of unlawful
content we will normally disable access to the user content and/or remove it from our systems. We will also remove user content where we have received an Order of the Court under Section 13 of the UK Defamation Act 2013. User content which has been removed may be stored by us in order to comply with legal obligations.
If a Zapworks user objects to the action we have taken in respect of their user content they must notify us within seven (7) days. We will not normally re-enable access to content which is the subject of a complaint unless the publisher can provide us with a certified copy(*) of a signed license agreement, settlement agreement or sealed Order of a Court of competent jurisdiction – which is not subject to any right of appeal – that conclusively determines the publisher’s right to use the user content (including the right to publish and communicate the user content to the public). In such cases, we still reserve the right to refuse to allow the user content back onto our content delivery platform. We do not have to provide the Zapworks user with any reason for such refusal.
* A certified copy is one which has been certified as a “true, complete and up-to-date copy of
the original” by a solicitor, lawyer, notary public or person of equivalent standing in your country of residence.
Zappar will assess complaints made under this Content Policy in accordance with the English law. We reserve the right to review and modify this Content Policy at any time. We may also depart from certain aspects of the Content Policy at any time depending on the circumstances of any particular case. New versions of the Content Policy will be made available at https://zap.works/unlawful-content-policy/ If any version of the Content Policy contradicts this version then the new version will prevail.