ZapWorks Content Policy

Last updated: 18th December 2019

 

Introduction

 

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. 

 

 

Zappar’s relationship with rights owners

 

We would like to make you are aware of the following characteristics of 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.

 

 

How can you report unlawful content?

 

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.

 

 

What information should you include in your complaint?

 

So that we can deal with it as quickly as possible, your complaint should contain at least the following information:

 

 

How do we deal with complaints?

 

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.  

 

 

Final provisions

 

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.